Dear Clients:

Attached please find the much anticipated Supreme Court decision of Emma
Murray v Mariner Health and ACE USA(FLA 10/23/2008).  In this case, the
Supreme Court now allows for reasonable hourly claimant attorney's fees
to be paid for new law (post 10/1/03) claims.  We are very concerned
that this case will result in an immediate substantial increase in
workers' compensation litigation for Florida claims.

Specifically, reasonable attorneys fees are now to be determined using
the factors of rule 4-1.5(b) of the rules regulating the Florida Bar.
In a nutshell, the previous Lee Engineering decision is revived.
Factors to be considered as guides in determining a reasonable fee
include the time and labor required, the novelty, complexity, and
difficulty of the questions involved, and the skill requisite to perform
the legal services properly.  The Court explains that the "judges who
hear these claims and determine the amount of the attorneys fees under
subsection (3) must be vigilant to award only reasonable and necessary
fees."

Please keep in mind that no fees attach until 30 days after a petition
is filed, so we are recommending that our clients remain vigilant in their
response to petitions for benefits.  It is very important to consult on
choice of medical providers well before a petition is filed (for post 10/1/03 claims),