Fla. Appeals Court Voids Workers' Comp Atty Fee Rule

Law360, Miami (June 6, 2013, 8:59 PM EDT) -- Two sections of Florida state law infringe on the First Amendment rights of claimants in workers' compensation cases when they prevent them from retaining counsel to defend motions to tax costs against them, a Florida appeals court ruled Thursday.

The three-judge panel said that the construction of the Florida Statues Section 440.105(3)(c) and Section 440.34 led to a situation that impinged the fundamental rights of appellant Eugene Jacobson and others in his situation. In a concurring opinion, Judge T. Kent Wetherell II stressed the narrow scope of...
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