February 12, 2007

FASI Saber Rattling Benefits Injured Workers
-by John Darin

Never let it be said the Self-Insured Industries in Florida are more concerned with their bottom lines than they are for their injured workers. A case in point is FASI's decision to file an amicus curiae brief in the case of Tina Bogar-Sanabria v. Beall's, Inc., Florida First District Court of Appeal No. 1D06-3337. In that case the injured worker had settled her case and agreed to give her attorney a guideline fee as required under the amendments to Florida Statute 440.34 which took effect October 1, 2003. The Judge approved the attorney's guideline fee but that's not where the story ends. The injured worker's attorney also wanted the Judge to approve $1,175.00 in paralegal fees to be reimbursed from the settlement. The Judge quite rightly refused to approve the paralegal fees and the injured worker's attorney appealed. Enter FASI (wearing a white hat or maybe a super-hero's cape).
 
The Association's Board of Director's authorized the filing of an amicus brief and retained the law firm of Wicker, Smith as appellate counsel. A motion was filed expressing FASI's concerns for the inequities which could result if the attorney appealing the Judge's decision prevailed and requested the Court's permission to file an amicus brief. Apparently the Motion did the trick because in a unanimous decision filed shortly thereafter, the Appellate Court affirmed the Judge's decision. Bravo FASI!