The Utah Supreme Court has invalidated the state’s attorney fee schedule just three weeks after Florida’s attorney fee provision was deemed unconstitutional by that state’s Supreme Court in the high profile Castellanos case. The Injured Workers’ Association of Utah and several of its member attorneys had brought a suit against the state arguing that the Utah Labor Commission’s comp attorney fee schedule is unconstitutional because the Utah Supreme Court has “inherent and exclusive constitutional authority” to govern the practice of law, and thus, to regulate attorney fees. The state Supreme Court on Wednesday ruled unanimously in favor of the Association, stating that “under the separation-of-powers doctrine” the court cannot “delegate the regulation of attorney fees to the legislature or the commission.” The Supreme Court also declined to create a new fee schedule in its 15-page decision.
Read further coverage from Business Insurance here. Read the decision in full here: Utah Supreme Court_Injured Workers Association v State