The Florida Supreme Court has issued its opinion in Castellanos v. Next Door Company holding that the mandatory attorney fee schedule in Florida Workers’ Compensation cases is UNCONSTITUTIONAL as a violation of due process under both the Florida and United States
Constitutions!!! The case can be viewed by clicking on the following link:
The cap on attorney’s fees is a major reason why injured employees were so poorly treated in the Florida Workers’ Compensation system. There were no penalties or ramifications to Employers and Insurance Carriers for doing “the wrong thing”. There was no reason to do “right thing.”
With this case, now there indeed is a reason to “do the right thing”. The Employers and their insurance companies will once again be financially accountable for their claims handling decisions. The playing field is finally being levelled.
This is major victory for injured workers in the State of Florida!!!