PORTU
v.
CITY OF CORAL GABLES, JOHNS E. CO.
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.
The appellate court reversed an order denying attorney's fees in a workers' compensation case, finding the claimant was entitled to fees under statute. However, it affirmed the denial of costs because the claimant failed to preserve that claim.
Yes, the claimant was entitled to attorney's fees because all statutory factors were met. However, the claimant was not entitled to costs because that claim was not preserved for appeal.
[1] A workers' compensation claimant is entitled to attorney's fees under Fla. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 440.34(3), Florida Statutes (2009), entitles a claimant to attorney’s fees when the “carrier files a response to petition denying benefits”; the claimant has a “successful prosecution of the petition”; and thirty days elapse from “the date the carrier . . . receives the petition.””
This quote states the statutory basis for awarding attorney's fees in workers' compensation cases.
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Join FLexlaw to unlock all legal intelligencePeter Portu, a claimant in a workers' compensation case, appealed an order from the Office of the Judges of Compensation Claims that denied his reques…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D16-4767 _____________________________
PETER PORTU,
Appellant,
v. CITY OF CORAL GABLES, JOHNS EASTERN COMPANY, INC., and CORVEL CORPORATION,
Appellees.
_____________________________
On appeal from the Office of the Judges of Compensation Claims. Margret G. Kerr, Judge. Date of Accident: November 18, 2009.
April 18, 2018 PER CURIAM. Peter Portu appeals the workers’ compensation order denying attorney’s fees and costs. We reverse as to attorney’s fees. We affirm as to costs because Portu did not preserve his claim for appeal.
Section 440.34(3), Florida Statutes (2009), entitles a claimant to attorney’s fees when the “carrier files a response to petition denying benefits”; the claimant has a “successful prosecution of the petition”; and thirty days elapse from “the date the carrier . . . receives the petition.” Franco v. SCI at Palmer
2
Club at Prestancia, 989 So. 2d 709, 710 (Fla. 1st DCA 2008) (quoting statute). Each of those factors is present here. The fact that the petition sought a higher impairment rating than the employer eventually agreed to does not change the statutory factors. On remand, the judge of compensation claims must award fees.
AFFIRMED in part; REVERSED in part.
KELSEY, WINOKUR, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. Luis F. Estrada of Angones, McClure & Garcia, P.A., Miami, for Appellees.
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- Franco v. SCI AT the Palmer Club AT Prestancia & Zurich N. Am., 989 So. 2d 709 (Fla. 1st DCA 2008)