SUZANNE MILLER, APPELLANT,
v.
JFK MEMORIAL HOSPITAL AND SEDGWICK, JAMES & CO., INC., APPELLEES

Fla. 1st DCA | 1993-09-03
No. 92-993
ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.
624 So. 2d 322 Florida District Court of Appeal, First District (1993) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Claimant Miller appealed an award of $2,500 in attorney fees in a workers' compensation case, arguing the judge of compensation claims abused discretion by awarding insufficient fees. The appellate court reversed and remanded, finding insufficient evidence supported the dramatic reduction in hours and hourly rate based on the attorneys' lack of workers' compensation specialty experience.


Holding

The court held that the award of $2,500 in attorney fees was an abuse of discretion and must be reversed because the record did not contain competent, substantial evidence to support both a reduction of the hourly rate and a substantial reduction in the number of hours claimed based on the attorneys' lack of workers' compensation experience, particularly given the discovery difficulties actually encountered.


Headnotes

[1] An award of attorney fees is an abuse of discretion when the record lacks competent, substantial evidence to support the findings upon which the award is based.

[2] A judge of compensation claims may not reduce an attorney's hourly rate based on a lack of experience in a specialty if that lack of experience necessitated the expenditu…

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Key Quotes

“There is no evidence that, under the circumstances encountered by Claimant's attorneys in this particular case, 25 hours was reasonable.”

Establishes that the trial court's finding regarding reasonable hours lacked evidentiary support given the actual discovery difficulties encountered.

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Facts & Procedural History

In a workers' compensation case involving claimed exposure to hepatitis B, the judge of compensation claims awarded $2,500 in attorney fees by allowin…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Claimant appeals an order awarding her attorney fees in the amount of $2500. The judge of compensation claims arrived at this amount by allowing only 25 hours as reasonable, thereby disallowing most of the hours claimed by Claimant’s attorneys, and by reducing the hourly rate to $100 based on the lack of experience and expertise of Claimant’s attorneys in the workers’ compensation specialty. After careful review of the record, we conclude that the record does not contain competent, substantial evidence to support the findings in the appealed order. There is no evidence that, under the circumstances encountered by Claimant’s attorneys in this particular case, 25 hours was reasonable. That figure was based on testimony by an attorney as to what would be reasonable for one who, like himself, was highly skilled in handling workers’ compensation cases. It was based, further, upon the assumption that no difficulties would be encountered obtaining adequate discovery.

However, in this case the record demonstrates without significant controversion that Claimant’s counsel did encounter difficulty in obtaining adequate discovery to prove the claimed injury based on exposure to hepatitis B.

Moreover, the judge reduced the allowable hourly rate for Mr. Jordan’s services from $150 (the amount testified to by the expert witnesses) based upon a lack of experience with workers’ compensation cases which, according to the order, caused that attorney to expend more time than was reasonable under the circumstances. This record does not contain competent, substantial evidence to support both a reduction of the hourly rate and a substantial reduction in the number of hours claimed, based on the attorneys’ lack of experience.

In short, while there is support for many of the subsidiary findings made, based on this record the award of only $2500 in attorneys’ fees was an abuse of discretion, and must be reversed. This cause is thus remanded for further proceedings on the deter mination of a reasonable attorneys’ fee for the services of Claimant’s attorneys. While we are constrained to reverse based upon the inadequacy of the amount of fees awarded, we note that, in doing so, we do not intend to imply that the amount requested by Claimant is reasonable. Rather, we hold only that the amount awarded is not.

REVERSED AND REMANDED.

ZEHMER, C.J., and ALLEN and WEBSTER, JJ., concur.


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Citator

Cited By

  • Morris v. Dollar Tree Store & Specialty Risk Servs., 869 So. 2d 704 (Fla. 1st DCA 2004)
    …the amount of a reasonable hourly rate for an attorney’s fee, the appellate court’s review standard is whether CSE supports the JCC’s conclusion. See Feinberg v. Miami-Dade County, 788 So. 2d 417, 418 (Fla. 1st DCA 2001); Miller v. JFK Mem’l Hosp., 624 So. 2d 322 (Fla. 1st DCA 1993); Smith v. U.S. Sugar Corp., 624 So. 2d 315, 319 (Fla. 1st DCA 1993). Accordingly, once the JCC decides, as he did here, that the application of the statutory factors for assessing a presumptive fee, as provided in section 440.34(…

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