Richardson v. Aramark/Sedgwick CMSAnnotate this Case
This workers’ compensation case involved the statutory attorney’s fees provision declared unconstitutional in the Supreme Court’s opinion in Castellanos v. Next Door Co. Pursuant to the fee schedule in Fla. Stat. 440.34, the judge of compensation claims was constrained to award the claimant’s attorney $19.44 per hour for 90 hours of work. The First District Court of Appeal was compelled to affirm the $1,750 statutory fee award. The Supreme Court quashed the First District’s decision and remanded for further proceedings consistent with Castellanos, which held that the conclusive statutory fee schedule is unconstitutional as a denial of due process under both the Florida and United States Constitutions.