ANCHOR PRODUCTS, INC., AND HARTFORD ACCIDENT & INDEMNITY COMPANY, PETITIONERS,
v.
DUSHON RAPO AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court reviewed an Industrial Commission order awarding permanent total disability benefits and a $5,500 attorney's fee to an injured worker. The Court affirmed the disability benefits but quashed the attorney's fee award, holding that even when parties stipulate that a judge may set a reasonable fee without expert testimony, some appropriate evidence must still be submitted to support the amount awarded.
The Court held that while a stipulation fixing a specific dollar amount for attorney's fees will be binding without supplemental evidence, a stipulation merely consenting to the fixing of a fee by the Industrial Judge does not eliminate the requirement that appropriate evidence be submitted to support the amount of fee ultimately awarded.
“A stipulation fixing a specific dollar amount of the fee will be recognized and held binding without the necessity of supplemental evidence.”
Establishes that stipulations to a specific fee amount are enforceable without evidence, distinguishing them from stipulations allowing a judge to set fees.
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Join FLexlaw to unlock all legal intelligenceDushon Rapo, a 57-year-old semi-literate Yugoslavian laborer with limited English proficiency qualified only for physical labor, was injured in an ind…
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By petition for certiorari we are requested to review an order of the Florida Industrial Commission which affirmed an order of an Industrial Judge awarding permanent disability benefits and an attorney’s fee to respondent Rapo.
We are primarily concerned with the attorney fee award.
Rapo was injured in an industrial accident on February 27, 1964. He was paid compensation on a 20% disability basis. On May 27, 1966, pursuant to Rapo’s petition, the benefits were increased to permanent, total. An attorney’s fee of $5,500,00 was awarded. The Full Commission affirmed with a 2-1 decision.
We find no justification to disturb the award of permanent, total disability benefits. Claimant was a 57 year old semi-literate Yugoslavian laborer. His knowledge of English was limited. He was qualified to do only physical labor. The findings of the Industrial Judge regarding disability were complete and comprehensive. They were adequately supported by the record. We concur in the approval by the Full Commission.
On the matter of the award of attorney’s fees the order must be quashed.
We are again confronted by a stipulation that the Industrial Judge “Can * * * set a reasonable attorney’s fee without the necessity of expert testimony.” This he proceeded to do. The employer’s carrier contends that the amount of the fee is unreasonable for the service rendered. The employee claims that the stipulation eliminates the need for evidence and the carrier is bound by the result.
In Lee Engineering & Construction Company v. Fellows, 209 So.2d 454, opinion filed April 10, 1968, we recently recorded our views regarding attorney’s fees in workmen’s compensation matters. As indicated there, our problem most often derives from stipulation situations such as the one before us. No profit could be obtained by repeating all that we said in Lee Engineering, supra. Suffice it to summarize that we there held:
(1) In the absence of a stipulation appropriate evidence must be introduced regarding the amount of a reasonable fee. Florida Silica Sand Co. v. Parker (FÍa.1960), 118 So.2d 2.
(2) A stipulation fixing a specific dollar amount of the fee will be recognized and held binding without the necessity of supplemental evidence.
(3) When, as here, the stipulation merely consents to the fixing of a fee by the Industrial Judge, some appropriate evidence must, nevertheless, be submitted to support the amount of the fee ultimately awarded.
The order of the Full Commission is quashed insofar as it approves the award of an attorney’s fee and the cause is remanded with directions to vacate the order of the Industrial Judge regarding the amount of the fee fixed and thereupon return the matter to him with directions to reconsider the amount of the fee to be awarded in the light of this opinion, and our opinion in Lee Engineering & Construction Company v. Fellows, supra. In other respects the petition for certiorari is denied.
CALDWELL, C. J., and THOMAS, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Heavy Constructors, Inc. v. Dericho, 259 So. 2d 489 (Fla. 1972)…mine the value of service and then support his award in his order so that it can be intelligently reviewed. The necessity for a reviewable record is not satisfied by a stipulation that fees can be set without evidence. Anchor Products, Inc. v. Rapo, 210 So. 2d 446 (Fla.1968). The Dade County Bar Association’s schedule of minimum fees, 1970 edition, in relation to workmen’s compensation cases provides : “25% based on amount of total recovery, if no hearing.” “With hearing, 30% based on total recovery.” In…
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Tenbroeck v. N. Broward Hosp. Dist., 243 So. 2d 592 (Fla. 1971)…his case did not have the benefit of, and did not take evidence in accordance with the standards announced in, the decision of this Court in Lee Engineering & Construction Co. v. Fellows, 209 So. 2d 454 (Fla.1968), and Anchor Products, Inc. v. Rapo, 210 So. 2d 446 (Fla. 1968). It will be necessary on remand of this case for the Judge of Industrial Claims to recalculate attorneys’ fees in accordance with the cited decisions. This case is remanded to the Industrial Relations Commission to be further remanded t…
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Speirs v. Woolworth Donahue, 255 So. 2d 519 (Fla. 1971)…port the award of attorneys’ fees by the judge of industrial claims and no departure exists from standards heretofore established by this Court. Lee Engineering & Construction Co. v. Fellows, 209 So. 2d 454 (Fla.1968); Anchor Products, Inc. v. Rapo, 210 So. 2d 446 (Fla.1968); Matera v. Gautier, 133 So. 2d 732 (Fla.1961); S. & J. Mercury Cab v. Eibister, 190 So. 2d 754 (Fla.1966). Accordingly, the writ issues, and that portion of the order of the Full Commission which reversed the awarded of attorneys’ fees i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Fla. Silica Sand Co., Inc. v. Parker, 118 So. 2d 2 (Fla. 1960)