McConnaughhay, Coonrod, Weaver, Stern & Thomas, P.A.

Workers' Compensation

Alderman v. Florida Plastering

805 So.2d 1097, 27 FLW D327

The proper standard for reviewing an order awarding attorney's fees in a workers' compensation case depends on the nature of the issue adjudicated. If the question is whether the judge was correct in finding that a particular statutory factor in determining the amount of fees should be considered, the decision to apply that factor would be reviewed by the appellate court using the "competent and substantial evidence" test. However, if the argument on appeal relates to the weighing of the statutory factors for determining the amount of a fee or the extent of departure from the presumptive amount of the fee as found in Section 440.34(1), Florida Statutes, the order is reviewed using the "abuse of discretion" standard. Because the issue in this case was whether the judge was justified in departing from the presumptive amount of the fee as contained in Section 440.34, Florida Statutes, the abuse of discretion standard was used for appellate review. The JCC in this instance reduced the statutory fee amount because this amount would create an hourly attorney's fee ($847.00 per hour) in excess of the customary fees awarded in workers' compensation cases. The standard fee in such cases was determined to be in the range of $150.00 to $300.00 per hour. Court determined that JCC placed undue reliance on the customary hourly rate in departing from the statutorily mandated formula for calculating fees. Section 440.34(1), Florida Statutes, reflects a legislative intent to standardize attorney's fee awards in workers' compensation cases. Although the Judge of Compensation Claims may increase or reduce thispresumptive reasonable fee by applying the statutory factors, an increase or reduction is appropriate only in exceptional circumstances. A departure from the presumptive reasonable fee schedule is proper only if the presumptive amount produced by the statutory formula is manifestly unfair. The fee customarily charged in the locality for similar work would not provide the sole basis for a departure from the standard fee schedule. The customary fee based on an hourly rate is likely to be more significant in a case in which the value of the attorney's service greatly exceeds the financial benefit obtained on behalf of the client. Court determined in this case that the statutory fee should have been awarded.

Cases

Workers' Compensation

Alderman v. Florida Plastering