Marvin Castellanos v. Next Door Company

There is no conclusive presumption. The majority has rewritten the statute to avoid the standard governing facial challenges. I respectfully dissent.

In 2008, this Court issued an opinion interpreting the attorney’s fees provision of Florida’s workers’ compensation law as amended in 2003 to include a reasonableness requirement. See Murray v. Mariner Health, 994 So.2d 1051 (Fla.2008) (interpreting section 440.34, Florida Statutes (2003)). This Court in Murray determined that the plain language of the statute was ambiguous regarding reasonableness because subsection (1) did not include the term…