A week ago today, the Supreme Court issued a ruling in the Emma Murray v Mariners case. In short, the court held that "based upon the plain language of the statue, that when a claimant is entitled to recover attorney fees from a carrier or employer as provided by section 440.34(3), (a), (b) (c) or (d), the claimant is entitled to recover "a reasonable attorney's fee.    A reasonable attorney's fee analysis should be based on the Lee Engineering factors.  The court held that relevant parts of Florida Statute §440.34 are ambiguous and thus, the more specific provisions of the statute controls the less specific provisions The Court did not address whether this section of the statute was unconstitutional.   The court admonished the Judges of Compensation Claims to be vigilant and only award "reasonable and necessary fees."  With regard to attorney's fees, it looks like we are back at least temporarily to the  reasonableness standard that was accepted prior to the 2003 amendments. I do not anticipate that the legislature will rely on the Judges of Compensation Claims and the First District Court of Appeal to police fees again.

Despite budget shortage issues looming in the legislature, it is anticipated that the legislature will address the ambiguity as identified by the Florida Supreme Court during its next session. Our section remains diligent in monitoring any proposed new legislation. We also intend to have input into the Legislative process to ensure that the interests of our Section members are protected. It is our desire that a reasonable alternative to the attorney's fees amendment promulgated in 2003 will be implemented. It is possible that other areas of the Statute may be considered as well. Where possible, our Section plans to reach a consensus and proceed with the agenda that is mutually agreeable to both defense and plaintiff practitioners.

Please note that I have called a special meeting of the Executive Council. At this meeting, I intend to focus on the impact that the Emma Murray case will have on our practice, as well as our long term goals from a legislative prospective. This meeting will take place on Friday, November 21, 2008, at The Florida Bar branch office in the Tampa Airport. The meeting is scheduled from 1:00 p.m. until 3:00 p.m.

If you wish to have input in the Section, and more specifically, legislative matters, please do not hesitate to contact myself, or any legislative committee member. Our legislative committee members are as follows: Paul Anderson, myself, Richard Chait, Steve Kronenberg, Martin L. Leibowitz, Nancy Cavey, Jeff Jacobs, Jacque Blanton and Raul De La Heria.

Finally, I have attached a copy of the Workers' Compensation System guide prepared by Alex Sink's office  for your information.   This report is prepared pursuant to Florida Statute 440.207.

Workers' Compensation System Guide

I remain in your service,

Tuwana McMillan, Chair