Cynthia Richardson v. Aramark/Sedgwick CMS

Summary

The Florida Supreme Court reviewed a First District Court of Appeal decision affirming a workers’ compensation attorney fee calculated under Florida’s statutory fee schedule. Following its decision in Castellanos v. Next Door Co./Amerisure Ins. Co., the Court held that the issue was resolved by its determination that the fee provision was unconstitutional and quashed the First District’s decision. The case was remanded for further proceedings consistent with Castellanos.

Holdings

1. The conclusive attorney-fee schedule in section 440.34, Florida Statutes, is unconstitutional as a violation of due process under the Florida and United States Constitutions because it prevents an injured worker from challenging the reasonableness of the fee award in the individual case.
2. The First District's decision affirming Richardson's statutory fee award must be quashed, and the matter must be remanded for further proceedings consistent with Castellanos.

Questions Presented

1. Whether the conclusive workers' compensation attorney-fee schedule in section 440.34, Florida Statutes, could constitutionally require an inadequate fee award without permitting an individualized reasonableness determination.
2. Whether the First District's decision affirming Richardson's statutory attorney-fee award should be quashed in light of Castellanos.

Disposition

quashed