Narrative Opinion Summary
The court affirmed in part and reversed in part the decision of the deputy commissioner regarding the award of $70,800 in attorney’s fees to the claimant in a workers’ compensation case. The employer and carrier (E/C) contested the calculation of benefits valued at $467,000 that the attorney secured for the claimant. The court agreed with the E/C that $16,983 in past due compensation should not be included in the attorney's fee calculation, as some of this amount was paid to the claimant prior to the attorney's involvement, and thus does not qualify as benefits secured by the attorney under section 440.34, Florida Statutes. The court found the remaining calculations by the deputy commissioner to be reasonable and supported by evidence. The case was remanded for recalculation of the attorney's fee excluding the disputed past due compensation amount. Judges Smith and Wigginton concurred with the decision.
Legal Issues Addressed
Calculation of Attorney's Fees under Section 440.34, Florida Statutessubscribe to see similar legal issues
Application: The court determined that attorney's fees should not include compensation amounts that were paid to the claimant before the attorney's involvement, as these do not qualify as benefits secured by the attorney.
Reasoning: The court agreed with the E/C that $16,983 in past due compensation should not be included in the attorney's fee calculation, as some of this amount was paid to the claimant prior to the attorney's involvement, and thus does not qualify as benefits secured by the attorney under section 440.34, Florida Statutes.
Judicial Review of Deputy Commissioner's Decisionsubscribe to see similar legal issues
Application: The court affirmed parts of the deputy commissioner's decision, finding the calculations to be reasonable and supported by evidence, but reversed the portion concerning the inclusion of certain past due compensation in the attorney's fee calculation.
Reasoning: The court found the remaining calculations by the deputy commissioner to be reasonable and supported by evidence.
Remand for Recalculationsubscribe to see similar legal issues
Application: The case was remanded to the lower authority to recalculate the attorney's fee, excluding the disputed past due compensation amount.
Reasoning: The case was remanded for recalculation of the attorney's fee excluding the disputed past due compensation amount.