ROBERT WILLOUGHBY
v.
MADISON CORRECTIONAL INSTITUTE/DIVISION ETC.

Fla. 1st DCA | 2018-05-03
No. 17-2602
Florida District Court of Appeal, First District (2018)

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Holding

A workers' compensation judge's reduction of an agreed-upon attorney's fee must be reversed when the record does not support the judge's factual findings regarding reasonableness.


Headnotes

[1] In a workers' compensation case, a stipulated attorney's fee agreed upon by the claimant and employer/carrier cannot be reduced by the Judge of Compensation Claims unless…

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Facts & Procedural History

Robert Willoughby, an injured worker at Madison Correctional Institute, had a workers' compensation claim arising from an accident on November 24, 201…

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Opinion of the Court

735 (Fla. 1st DCA 2017), and Banegas v. ACR Environmental, Inc., 228 So. 3d 734 (Fla. 1st DCA 2017), we find reversible error.

Accordingly, we REVERSE the portion of the order reducing the agreed upon attorney’s fee, as well as the portion of the order reforming the stipulation, and REMAND for proceedings consistent with this opinion.

WOLF, OSTERHAUS, and WINSOR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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