Court: District Court of Appeal of Florida; June 8, 1984; Florida; State Appellate Court
Commercial Carrier Corporation appealed a Deputy Commissioner's order awarding $27,500 in attorney's fees to claimant's counsel, arguing that the order lacked sufficient support for the award. In a prior appeal, the court had reversed a previous award of $36,500 due to insufficient evidence that the attorney secured $90,000 in benefits for the claimant, directing the Deputy Commissioner to properly quantify the benefits attributable to the attorney's efforts. The new order reduced the fee but failed to clarify the basis for the $27,500 award, lacking a modified finding on the benefits received. The Deputy Commissioner referenced both the previous order and factors from Lee Engineering and Construction Co. v. Fellows but did not adequately address the court's directive regarding the quantification of benefits. Consequently, the court found that the Deputy Commissioner had not fulfilled its mandate for a clear and logical basis for the fee award, as required by precedent, resulting in the decision being insufficient for review.
The sixth factor under Lee Engineering emphasizes the importance of "the amount involved and the benefits resulting to the client." The Order dated September 20, 1983, is reversed and remanded for further proceedings to detail the specific benefits and their values secured for the claimant by the attorney, supported by competent substantial evidence. The Deputy Commissioner, following a remand from the First District Court of Appeal, found that the claimant's counsel spent 175 hours on the claim, excluding time related to American Hospital or Dr. Paul Rivet. After reviewing the benefits and findings from previous orders, the Deputy Commissioner awarded the claimant's counsel $27,500.00 in reasonable attorney's fees. The Employer/Carrier is ordered to pay this amount to the law firm of Pelzner, Schwedock, Finkelstein and Klausner, PA, representing the claimant. The order was finalized in Miami, Dade County, FL, on September 20, 1983.
