February 2022

February 2022 • Florida Pool Prosm 19 INSURANCE UPDATE “I find that the requested attorney’s fee is reasonable,” Compensation Judge Thomas Sculco wrote in his order approving the settlement and fees. “I further find that because the claimant has agreed to pay an enhanced attorney’s fee in accordance with a retainer agreement and waiver, the requested fee complies with the decision in Miles v. City of Edgewater Police Department.” The Miles decision, by Florida’s 1st District Court of Appeal in 2016, essentially held that claimants and, in the Miles case, the worker’s labor union, may contract with their attorneys to set legal fees. A state law that had attempted to restrict that practice deprived plaintiffs of their constitutional right to free speech, the court found. Also, that year, the Florida Supreme Court decided in Castellanos vs. Next Door Co. that a sliding-scale statutory fee schedule that capped claimants’ attorney fees was unconstitutional. Check back next month for more on this topic in the conclusion of this article! What might be heard at Mount Rushmore about Salt Water Pools... I keep the pH in the correct range. I add conditioner as needed, honestly. I check the salt level and only use AQUASALT. I clean the cell every 2 to 3 months of use. 7.5 x 4.75 Florida Pool Pro