Florida District Courts of Appeal, 2007

Serrano v. City of Tampa City Claims

Serrano v. City of Tampa City Claims
Florida District Courts of Appeal · Decided October 31, 2007 · Barfield, Benton, Browning
967 So. 2d 423; 2007 Fla. App. LEXIS 17234; 2007 WL 3166946 (Southern Reporter, Second Series)

Serrano v. City of Tampa City Claims

Opinion of the Court

PER CURIAM.

Rolando Serrano, a workers’ compensation claimant, appeals the amount of attorney’s fees awarded by the judge of compensation claims below. We conclude that the judge of compensation claims correctly based the amount of attorney’s fees on Serrano’s medical bills paid by the City of Tampa, the employer/servicing agent, which represented the “benefits secured” to Serrano pursuant to section 440.34(1), Florida Statutes (2003). However, the judge of compensation claims miscalculated the total amount of fees paid by the City of Tampa. We remand with instructions to the judge of compensation claims to award Serrano attorney’s fees totaling $9,433.13, based on the application of the formula provided in section 440.34(1), Florida Statutes (2003).

Reversed and remanded with directions.

BROWNING, C.J., BARFIELD, and BENTON, JJ., concur.

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