Clearwater, Florida


Scott R. Marshall

WORKERS’ COMPENSATION: Attorneys’ Fees? Nope, it’s the Benefits, Dummy.

For the third time in 14 years, the Florida Legislature is taking up the issue of workers’ compensation attorneys’ fees.  The question of attorneys’ fees for lawyers representing injured workers is a very touchy subject.  The political diatribe against these […]

Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]

Scott R. Marshall

Tort Reform – Why You Should Care That The 7th Amendment Is Under Attack

“The only thing we have to fear is fear itself.”  Franklin Delano Roosevelt Fear: the greatest tool of manipulators. When you listen to politicians, pundits, or anyone for that matter, and they are telling you to be afraid, the first […]

Scott R. Marshall

Florida Workers’ Compensation: UNCONSTITUTIONAL! Order highlights importance of judiciary in reigning in runaway legislatures

The Bombshell from Miami-Dade County Circuit Court is no doubt reverberating throughout the halls of Tallahassee this week and will most certainly dominate discussion at the 69th Annual Workers’ Compensation Educational Conference to be hosted this week by the Workers’ Compensation […]

Scott R. Marshall

SELF-EXECUTED — Florida Workers’ Compensation Law

The week before last, I am sitting in the Florida Workers’ Compensation Forum, when one of the speakers quotes a court opinion stating that to require a certain act (irrelevant to this blog) on the part of the insurance carrier […]

Scott R. Marshall

Climate Change Needed in Florida Workers’ Compensation

We need climate change in the State of Florida.  Big time! What kind of climate change you may ask?  Well, I ask you this:  when you think of “workers’ compensation fraud,” what comes to mind?  The “injured” worker collecting a […]

Scott R. Marshall

Socialized Medicine: Hiding In Florida’s Work Place

I was speaking with a client today about physician choice in the healthcare system in which he finds himself, and I could sense the frustration and desperation in his voice. He is hurting….

Scott R. Marshall

Removal Of “reasonable” Creates Ghost Town In Workers’ Comp Court

When I first began practicing law in the mid-1990s, I was one of many young attorneys, aged 28-35, who had embarked upon a career in workers’ compensation law. In those days, the Office of…

Scott R. Marshall

Florida PIP Statute Unconstitutional? What about Workers’ Comp?

You all know the story of the frog and the boiling water. Throw a frog into a pot of boiling water and he hops right back out. The shocking, sudden difference between the air temperature…