SC07-244 – Emma Murray v. Mariner Health and Ace USA

State: Florida

Docket No: SC07-244

Case Date: 01/10/2008

Preview:Supreme Court of Florida
_____________ No. SC07-244 _____________

EMMA MURRAY, Petitioner, vs. MARINER HEALTH and ACE USA, Respondents. [October 23, 2008] WELLS, J. In this case petitioner Emma Murray, the claimant in a workers' compensation case, challenges the constitutionality of the statute governing attorney fees in such cases, section 440.34, Florida Statutes (2003). In Murray v. Mariners Health/ACE USA, 946 So. 2d 38, 39 (Fla. 1st DCA 2006), the First District Court of Appeal expressly held that the statute as significantly amended in 2003 is constitutional. The district court rejected each of petitioner's challenges and found that the formula of subsection (1) governs the award of reasonable attorney fees under subsection (3). We have jurisdiction. See art. V,

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