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• Car Accident
• Worker's Compensation

The Demerits of House Bill 903

Tony Francis, of the Orlando-based Francis Law Firm, believed that the repeal of Florida House Bill 903 was primarily a worker's rights issue.



This bill as it was worded was like turning back the clock. It was like an invitation to labor unrest. Its passage on May Day 2009 can be described as sadly ironic considering the holiday's intent as an international symbol. Why should there be a cap on attorney's fees in workers' compensation cases? Passage of this bill after being passed by the Senate will mean that lawyers being paid reasonably for representing injured workers will soon be going the way of the hula hoop.



The decision by the Florida Supreme Court involving a nurse who became injured while lifting a patient at a nursing home amounted to a $3,344 award in lost wages and medical expenses after her initial claim was denied. The law, ironically enough, limited the attorney's fee to about $8 an hour while the insurance company's lawyers were paid well in excess of $100 an hour. Tony Francis of the Orlando-based Francis Law Firm won't let the issue die. "Last fall's Supreme Court decision was unfair. This bill would retrograde us back to a completely skewed playing field. What lawyer could afford to represent injured workers if HB903 becomes law? All we're asking for is a fair shake - not just for us, but for workers who get hurt. Why should insurance companies get to do things their way without opposition?"



Francis expands upon his feelings regarding the controversial HB903. "Who does it hurt most? Who will fight insurers who refuse to pay doctor bills for workers hurt on the job?" Florida Justice Association spokeswoman Jacqui Sisto agrees, "This bill is grossly unfair to Florida's injured workers and first responders." She added that it may even face a constitutional challenge. Francis adds fuel to this argument. "Deletion of the word ‘reasonable' will mean continued litigation over who gets to access the courts to obtain wrongfully denied benefits for injured workers and first responders," he says. But one of the eventualities that Francis perceives is increased costs passed on to taxpayers. "What's going to happen when injured workers, after being denied deserved benefits and recovered losses, are forced to seek help from social programs such as Medicaid to pay their bills, especially if they're unable to return to work for an extended period? It will mean that taxpayers will eventually be footing their bills - bills that might well have been paid by insurance carriers if the workers had been able to get decent legal representation in the first place."

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