Demedrano v. Labor Finders of the Treasure Coast
34 FLW D955
On Motion for Certification. Original opinion at 34 FLW D134. Motion for Certification denied. Original order clarified. Previous opinion withdrawn and substituted for opinion in this case.
Court Determined that JCC had jurisdiction to review costs to be reimbursed to claimant’s attorney from settlement proceeds. Paralegal time is not a reimbursable cost but is, instead, included within attorney time.
The JCC has the power only as expressly set forth in Chapter 440, Florida Statutes, and is not given inherent judicial power such as that given to a court of general jurisdiction. A JCC is required to approve any attorney fee paid as a result of a settlement. The JCC shall not approve a lump sum settlement that provides for an attorney’s fee in excess of the fee permitted under Section 440.34, Florida Statutes. Because the JCC is authorized to do whatever is necessary to ensure that the fee is properly payable, there is jurisdiction to determine what claimant’s attorney characterized as costs should have been included in the attorney’s fee in properly approving the fee.
In determining what costs should be reimbursed, Section 57.104, Florida Statutes, must be considered when attorney fees are awarded. A retainer agreement between the attorney and the claimant does not control cost reimbursements and a retainer agreement in a workers’ compensation matter must comply with both Sections 440.34 and 57.104, Florida Statutes. Paralegal fees are compensated within attorney time and therefore does not constitute costs payable to the claimant’s attorney in excss of reasonable attorney fees.