Marion County School Board v. Griffin
Marion County School Board v. Griffin
Opinion of the Court
Employer, Marion County School Board, and Carrier, Adjustco, appeal and Claimant, Robert Griffin, cross-appeals a workers’ compensation order that directs Employer and Carrier to pay Claimant’s attorney $19,079.62 as a reasonable attorney’s fee. Employer and Carrier raise three issues on appeal, and Claimant raises two issues on cross-appeal.
On January 22, 1981,
On January 9, 1992, Claimant filed a claim seeking determination of the amount of costs, interim attorney’s fees, and interest due. After a hearing, during which Claimant argued that the December 1981 fee payment was an “interim fee,” the judge entered an order on June 4, 1992, finding that Claimant’s attorney is entitled to determination of the total amount of fees due in accordance with the August 1981 order, and that Employer and Carrier are entitled to credit for the “interim fee” paid in December 1981 pursuant to the parties’ agreement. The order reserved jurisdiction to determine the amount, if any, of additional fees due to Claimant’s attorney.
Employer and Carrier argue that the judge erred in the October 1993 order by finding that Claimant’s attorney is entitled to additional fees on benefits secured after the 1981 hearing beyond the fees he previously accepted pursuant to the parties’ agreement. They contend that the June 1992 order contained no such finding, and, if the order had contained such a finding, it would have been erroneous because such finding would have been contrary to well established workers’ compensation law striking interim fee awards. They argue that the 1992 claim for
We conclude there is no error in the judge’s ruling that Claimant’s attorney was entitled to fees in addition to that paid pursuant to the parties’ agreement entered into after the 1981 hearing. Employer and Carrier correctly note that this court has held that a judge has no authority pursuant to section 440.34, Florida Statutes,
Employer and Carrier next contend that the fee awarded in this case ($21,000 including the amount paid in 1981) is excessive because the judge erroneously considered benefits actually provided and “time and labor” expended after the initial finding of compensability in 1981. They argue that with respect to the determination of the value of “benefits secured,” Claimant’s medical benefits stemming from the 1982 accident only, which aggravated his 1981 back injury, or merger of the accidents, were not reasonably predictable as of the 1981 hearing and should not have been included. Finally, they argue, the judge erred in considering 10
The 1993 order indicates that the judge awarded fees based on past and reasonably predictable future benefits valued at $42,000 combined. In arriving at this amount, it appears that the judge included in his consideration of the past benefits paid those benefits voluntarily paid by Employer and Carrier without an order for injuries resulting from the 1982 accident. That accident occurred after the entry of the August 1981 order determining that Claimant’s attorney was entitled to a reasonable fee for securing benefits related to the 1981 accident. The 1993 order is erroneous in this respect and must be reversed because the 1982 accident was not reasonably anticipated at the time the 1981 order was entered.
We affirm as to the final issue Claimant raises on cross-appeal, arguing that the judge abused his discretion in excluding 45 hours expended from 1982 to 1988 from consideration of hours expended by Claimant’s attorney. Competent, substantial evidence supports the exclusion based on the illegibility of some of the time sheets or their failure to provide any information as to the date, time, and nature of the services claimed to have been rendered during the relevant period. See Barr v. Pantry Pride, 518 So.2d 1309. (Fla. 1st DCA1987).
AFFIRMED in part, REVERSED and REMANDED.
. While the 1993 order states that the accident occurred on January 27, other record documents, orders, and testimony indicate that it occurred on January 22.
. A December 3, 1981, letter from Employer and Carrier's attorney to Claimant’s attorney states that $8,351.90 is the total amount of benefits on which the fee should be calculated, and that he understood that they would agree on a "scale” on that amount. Claimant's attorney responded by a December 8 letter stating that "we agree to accept a statutory attorney's fee based on the benefits we secured for Mr. Griffin through November 24, 1981.... As we advised you, we will accept an attorney’s fee calculated on the statutory formula based on the understanding that this does not prejudice our right [to] assert entitlement to additional fees for benefits paid to or on behalf of Mr. Griffin in the future.”
.This court dismissed Employer and Carrier's appeal of that order without prejudice to their right to seek review upon entry of a final order.
. Subsection 440.34(1), Florida Statutes (Supp. 1980), provides that “No fee, gratuity or other consideration shall be paid for services rendered for a claimant in connection with any proceedings arising under this chapter, unless approved by the deputy commissioner or court having jurisdiction over such proceedings."
. See The Palote Corp. v. Meredith, 482 So.2d 515 (Fla. 1st DCA 1986) (attorney's fees should be determined on the basis of total benefits secured as a result of the intervention of claimant’s attorney, which includes the attorney's services in securing Claimant’s reasonably predictable benefits flowing from the finding of compensability).
. In light of this reversal, we find it unnecessary to address Employer and Carrier’s argument that the 1993 order fails to contain sufficient factual findings to support an award of additional attorney’s fees.
. For example, paragraph 4(a) states that "the addition of time spent during the various stages of the case yields a total of around 100 to 105 hours which should be considered when eslab-lishing this fee." However, in paragraph 7, which addresses whether a guideline fee should be applied, the order inexplicably states that "Claimant’s counsel reasonably spent around 125 hours in obtaining these benefits.” While this error appears harmless because of the judge's decision not to award a guideline fee, revised findings may affect the fee determination made on remand.
Reference
- Full Case Name
- MARION COUNTY SCHOOL BOARD and Adjustco v. Robert GRIFFIN
- Cited By
- 1 case
- Status
- Published