HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
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12	Representatives Adams, Mahon, Negron, Ross and Simmons offered
13	the following:
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15	Amendment
16	Remove line(s) 4583 to 4639, and insert:
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18	5 percent of the benefits secured after 10 years. In the
19	alternative, if the judge of compensation claims concludes that
20	the percentage fee outlined herein does not fairly compensate
21	the attorney, the judge of compensation claims may award a
22	reasonable hourly attorney’s fee not to exceed $150 per hour,
23	and for a maximum amount of $5,000. The judge of compensation
24	claims shall not approve a compensation order, a joint
25	stipulation for lump-sum settlement, a stipulation or agreement
26	between a claimant and his or her attorney, or any other
27	agreement related to benefits under this chapter that provides
28	for an attorney's fee in excess of the amount permitted by this
29	section. The judge of compensation claims is not required to
30	approve any retainer agreement between the claimant and his or
31	her attorney. The retainer agreement as to fees and costs may
32	not be for compensation in excess of the amount allowed under
33	this section.However, The judge of compensation claims shall
34	consider the following factors in each case and may increase or
35	decrease the attorney's fee if, in her or his judgment, the
36	circumstances of the particular case warrant such action:
37	(a) The time and labor required, the novelty and
38	difficulty of the questions involved, and the skill requisite to
39	perform the legal service properly.
40	(b) The fee customarily charged in the locality for
41	similar legal services.
42	(c) The amount involved in the controversy and the
43	benefits resulting to the claimant.
44	(d) The time limitation imposed by the claimant or the
45	circumstances.
46	(e) The experience, reputation, and ability of the lawyer
47	or lawyers performing services.
48	(f) The contingency or certainty of a fee.
49	(2) In awarding a reasonableclaimant's attorney's fee,
50	the judge of compensation claims shall consider only those
51	benefits secured byto the claimant that the attorney is
52	responsible for securing. An attorney is not entitled to
53	attorney's fees for representation in any issue that was ripe,
54	due, and owing and that reasonably could have been addressed,
55	but was not addressed, during the pendency of other issues for
56	the same injury.The amount, statutory basis, and type of
57	benefits obtained through legal representation shall be listed
58	on all attorney's fees awarded by the judge of compensation
59	claims. For purposes of this section, the term "benefits
60	secured" means benefits obtained as a result of the claimant's
61	attorney's legal services rendered in connection with the claim
62	for benefits. However, such termdoes not include future
63	medical benefits to be provided on any date more than 5 years
64	after the date the claim is filed.
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