TALLAHASSEE — The Supreme Court of Florida handed the insurance and business industries a significant defeat on Thursday, ruling in a 5-2 decision that the state’s attorney-fee caps in workers compensation law are unconstitutional.
“We conclude that the mandatory fee schedule is unconstitutional as a violation of due process under both the Florida and United States Constitutions,” wrote Judge Barbara Pariente in her majority opinion.
The two conservatives on Florida’s Supreme Court, Justices Ricky Polston and Charles Canady, each issued separate dissenting opinions.