Cases

The court interpreted the formula for computing an attorney's fee under Section 440.34(1), Florida Statutes.  Because the court engaged in statutory construction, review was de novo.

At mediation, the parties agreed to settle for a certain sum with the claimant paying a fee based upon the formula outlined in Section 440.34(1), Florida Statutes.  The parties also agreed that the employer/carrier would pay a fee based on the claimant's attorney's having secured past indemnity benefits. (Side fee.)  The JCC approved the claimant paid fee based on the settlement but declined to approve the side fee. The JCC reasoned that there can be only one $5,000 in benefits secured for which a 20% fee can be approved and only one $5,000 in benefits for which a 15% fee can be approved.  Once the $10,000 threshold is reached in the life of the case, any additional fee would be limited to 10% of the benefits secured.  Accordingly, the side fee should be based on 10% of the benefits secured in this instance since the settlement of the entire case was more than the $10,000 threshold amount.  On appeal, JCC's determination that the side fee should be based on 10% of the benefits secured reversed.

The court ruled that there can be more than one claim that would qualify for the application of the attorney's fee formula and the limitations as found in Section 440.34(1), Florida Statutes, applies to each claim filed and not cumulatively to all claims.