Cases

Claimant’s prior attorney that had filed a petition on behalf of claimant filed a lien for claimed attorney’s fees following the filing of a substitution of counsel motion. JCC required prior attorney to file a verified petition for fees which was objected to by prior counsel alleging that JCC did not have jurisdiction to require the filing of a verified petition prior to the settlement of the claimant’s claim for benefits. On appeal, order requiring the filing of a verified petition deemed error.

 

A fee lien does not become ripe for adjudication until a settlement creates proceeds upon which the lien could attach. The charging of a lien represents a right held by an attorney rather than one that must be asserted by the claimant. A lien is an equitable right that generally lasts until the property (here the settlement of the claimant’s claim) is created at which time the attorney can proceed to enforce the lien. Once a case settles and the prior attorney is notified of the settlement, the attorney’s failure to institute an action in a timely fashion can result in dismissal of a lien. JCC erred in this instance by dismissing the lien prior to settlement. The JCC does not have authority to require a claimant’s attorney to file a verified petition prior to settlement.