JOHN SPEIRS, PETITIONER,
v.
WOOLWORTH DONAHUE ET AL., RESPONDENTS
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The Florida Supreme Court reviewed a certiorari petition challenging the Industrial Relations Commission's reversal of an attorneys' fee award in a workers' compensation case. The Court held that the Commission must adhere to the trial judge's factual findings unless unsupported by competent substantial evidence, and vacated the Commission's reversal of the fee award.
The writ issues and the Commission's reversal of the attorneys' fee award is vacated. The case is remanded with directions to reinstate the fee award by the Judge of Industrial Claims, as competent substantial evidence supported the award and no departure from established standards occurred.
[1] A reviewing commission should adhere to a judge of industrial claims' findings unless there is no competent substantial evidence to support them.
[2] A judge of industrial claims may consider time expended, amount of recovery, complexity of the cause, experience of counsel, net worth of compensation, and local fee sche…
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Join FLexlaw to unlock all legal intelligence“After this, and upon review the Full Commission should adhere to the findings unless there is no competent substantial evidence to support them.”
Establishes the standard of review requiring the appellate tribunal to defer to trial judge's findings unless unsupported by competent substantial evidence.
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Join FLexlaw to unlock all legal intelligenceA Judge of Industrial Claims awarded permanent total disability benefits to claimant and assessed a reasonable attorneys' fee. The Full Commission aff…
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This is a petition for writ of certiorari to review an order of the Florida Industrial Relations Commission which affirmed a permanent total disability award to claimant but reversed the allowance of attorneys’ fee by the Judge of Industrial Claims.
The reversing portion of the order stated: “The judge of industrial claims in his Order found that counsel for the claimant was due a reasonable fee, to which we agree. We disagree with the judge of industrial claims in his findings as to the basis in arriving at a reasonable attorneys’ fee.” The Full Commission did not find that the fee awarded was not supported by competent substantial evidence, but apparently grounded its reversal on the judge’s consideration of the life expectancy (inferentially) of the claimant.
Our review of the entire record, including the findings of the judge of industrial claims, establishes that the judge considered numerous factors in arriving at the fee awarded, i. e., time expended, amount of reasonable recovery, complexity of the cause, experience of counsel, net worth value of compensation and local fee schedules, all of which considerations were relevant in determining a proper assessment of fee.
The judge of industrial claims has the duty and responsibility to ascertain facts through hearings, make his findings and to enter an order thereon. After this, and upon review the Full Commission should adhere to the findings unless there is no competent substantial evidence to support them. United States Casualty Co. v. Maryland Casualty Co., Fla.1951, 55 So.2d 741.
Sub judice, there was competent substantial evidence to support 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 is hereby vacated, and the cause remanded to the Full Commission with directions to reinsate the fee ¡award by the judge of industrial claims. In all other respects the order of the Full Commission meets the essential requirements of law and is hereby approved.
It is so ordered.
ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
ROBERTS, C. J., dissents.
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Citator
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Fla. State Hosp. & Div. of Risk Mgmt. v. Emaline Potter, 391 So. 2d 322 (Fla. 1st DCA 1980)…e duty and responsibility to ascertain facts through hearings, make his findings and enter an Order thereon. Upon review, his Order and findings should be affirmed unless there is no competent substantial evidence to support them. Speirs v. Donahue, 255 So. 2d 519 (Fla.1971). Although the Deputy made specific findings that all the criteria required by law to constitute an occupational disease were met in this case, those findings are simply not supported by any competent substantial evidence. There was no evi…
Authorities Cited
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Burns v. City OF Fort Lauderdale, 133 So. 2d 732 (Fla. 1961)
- Anchor Prods., Inc. v. Dushon Rapo & Fla. Indus. Comm'n, 210 So. 2d 446 (Fla. 1968)
- Bd. OF Cnty. Comm'rs OF Okaloosa Cnty. v. Mayton Land Developers, Inc., 190 So. 2d 754 (Fla. 1966)