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The Florida Supreme Court heard arguments yesterday in the case of Emma Murray v. Mariner Health/ACE USA. The summary of the case provided by WFSU's "Gavel to Gavel" site describes the case thus:

"Ms. Murray, a nurse's assistant, was injured while helping lift a patient and had to undergo a hysterectomy and other surgical procedures. Her application for workers' compensation benefits was denied. After a hearing at which witnesses testified and evidence was presented, the Judge of Compensation Claims awarded her the requested benefits. Her lawyer then applied for attorney fees, seeking $16,880. However, the JCC found that a 2003 state law limited the fee that could be paid to $648. The First District Court of Appeal upheld the JCC. On appeal to this court, Ms. Murray argues the 2003 law was either misapplied or, if not, violates her constitutional rights to equal protection, due process and access to the courts. Mariner Health and Ace American Insurance Co. argue caps on attorney fees are not unconstitutional and are even found in the Florida Constitution."

The arguments were made by Richard Sicking, Esq. for the Claimant, and by Cheryl Wilke, Esq. and John Darin, Esq. for the Employer/Carrier.

The oral argument was what attorneys like to call "lively." Richard Sicking was about two seconds into his presentation when the questions started, and they did not stop for the entire hour presentation.

Attorneys around the state, both on the plaintiff's bar and the defense, are waiting to see what the Supremes do with this case. If they declare the 2003 amendments to the workers' compensation law unconstitutional, the law will revert to the pre-2003 status, and expectations are that there will be a flood of new workers' comp cases, as attorneys can finally make a living bringing those cases again, which has been very difficult to do since the new law went in place. Obviously, a flood of new claims means a flood of new work for the defense bar, so don't imagine that defense lawyers don't want this to happen.

Scuttlebutt is that the Supremes had pretty much already decided to declare the law unconstitutional before it was submitted yesterday.

See video of the oral argument here (scroll down to the April 9, 2008 entry).