MIGUEL RODRIGUEZ AND THE LAW OFFICES OF WILLIAM F. SOUZA/WILLIAM F. SOUZA, APPELLANTS,
v.
GRADUATE PLASTICS, INC. AND VALLEY FORGE INSURANCE COMPANY, APPELLEES
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In a workers' compensation settlement dispute, the claimant appealed a Judge of Compensation Claims order that approved attorney's fees of $1,600 but did not address an additional $4,000 in attorney's fees agreed to by the employer/carrier. The court affirmed, holding that the JCC's approval order need only address fees paid by the claimant to his attorney, not fees paid directly by the employer/carrier.
The JCC did not err. Under Florida Statute section 440.20(11)(c), a settlement agreement requires JCC approval only as to attorney's fees paid to the claimant's attorney by the claimant, not fees paid directly by the employer/carrier to the attorney.
[1] A Judge of Compensation Claims (JCC) order approving a settlement agreement is only required as to attorney's fees paid to the claimant's attorney by the claimant.
[2] A JCC order approving attorney's fees paid by the claimant does not require approval of additional attorney's fees agreed to be paid by the employer/carrier as part of a…
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Join FLexlaw to unlock all legal intelligence“The settlement agreement requires approval by the JCC only as to the attorney's fees paid to the claimant's attorney by the claimant.”
States the controlling statutory standard that limits JCC approval authority to fees paid by claimant, not employer/carrier-paid fees.
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Join FLexlaw to unlock all legal intelligenceThe parties mediated a lump sum settlement agreement requiring the employer/carrier (Graduate Plastics and Valley Forge Insurance) to pay the claimant…
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PER CURIAM.
The parties in this workers’ compensation proceeding mediated a lump sum settlement agreement. The settlement agreement required the employer/carrier, Graduate Plastics, Inc. and Valley Forge Insurance Company, to pay the claimant, Miguel Rodriguez, the sum of $9,000, from which claimant would then pay his attorney a fee of $1,600. In addition, in the settlement agreement, the employer/carrier agreed to pay claimant’s attorney an additional $4,000 in attorney’s fees. When the claimant failed to execute the settlement documents, the employer/carrier filed a motion to enforce. After a hearing, the Judge of Compensation Claims (JCC) entered an order finding that the parties had entered into a valid and enforceable settlement agreement. Neither the employer/carrier nor the claimant timely appealed this order. Thereafter, pursuant to sections 440.20(ll)(c), 440.20(ll)(d), and 440.20(ll)(e), Florida Statutes (2002), the JCC entered an order approving the attorney’s fee to be paid to the claimant’s attorney by the claimant in the amount of $1,600. There was no child support arrearage. See Jacobsen v. Ross Stores, 882 So. 2d 431, 432 (Fla. 1st DCA 2004)(recognizing that the parties are entitled to enter into a settlement agreement, and the only part which requires approval by the JCC is that regarding the attorney’s fees paid to the claimant’s attorney by the claimant). The order did not address the payment of the additional fees.
Claimant has appealed contending that the JCC should have also ordered the employer/carrier to pay claimant’s attorney the $4,000 which was part of the settlement agreement. Under section 440.20(ll)(c), however, “[t]he settlement agreement requires approval by the JCC only as to the attorney’s fees paid to the claimant’s attorney by the claimant.” Although, it is clear from the record before us that, as part of the negotiated settlement agreement, employer/carrier has agreed to pay claimant’s attorney $4,000, the JCC did not err in failing to include language in his order approving payment of the $4,000 additional fees. See Jacob-sen, 882 So. 2d at 432.
AFFIRMED.
BROWNING, C.J., WOLF and VAN NORTWICK, JJ., concur.
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Benicia Demedrano v. Labor Finders OF the Treasure Coast & Amisure Ins. Co., 8 So. 3d 498 (Fla. 1st DCA 2009)…her office.” A JCC is required to approve any attorney’s fee paid as a result of a settlement agreement. See § 440.20(11)(c), Fla. Stat. (2004); Eshlibi v. Consol. Box Mfg., 962 So. 2d 377 (Fla. 1st DCA 2007); Rodriguez v. Graduate Plastics, Inc., 954 So. 2d 629, 630 (Fla. 1st DCA 2007). The attorney’s fee is limited to a percentage of the benefits secured. See § 440.34(1), Fla. Stat. (2003).1 A JCC “shall not approve ... a joint stipulation for lump sum settlement ... that provides for an attorney’s fee in…
Authorities Cited
- Jacobsen v. Ross Stores & Sedgwick Claims, 882 So. 2d 431 (Fla. 1st DCA 2004)