Cases

Appellate review to determine if a JCC has subject matter jurisdiction is de novo. Unlike a court of general jurisdiction, a Judge of Compensation Claims does not possess inherent judicial power. Such a judge possesses only the authority expressly set forth in Chapter 440, Florida Statutes.

 

The law in effect on the date of the accident controls an attorney’s fee award in a workers’ compensation matter. Court determined that Section 440.34, Florida Statutes (1983), applied in this instance in determining appellate attorney fees.

 

The appellate court denied claimant’s Motion for an Appellate Attorney’s Fee to be paid pursuant to Section 440.34(5), Florida Statutes. Although such appellate fee was denied, that denial does not bar a separate attorney’s fee agreement pursuant to Section 440.34(1), Florida Statutes. The JCC has jurisdiction to approve or disapprove a stipulation between the claimant and his attorney concerning an attorney’s fee in accordance with subsections (1) and (2) of Section 440.34, Florida Statutes. In this case, the JCC had concluded that the stipulated appellate attorney’s fee was unreasonable because the lawyer had already been compensated for the benefits secured. Competent and substantial evidence supported the JCC’s determination that the stipulated fee was unreasonable.