Florida District Courts of Appeal, 2017

Circle-K Stores, Inc. v. Flores-Orellana

Circle-K Stores, Inc. v. Flores-Orellana
Florida District Courts of Appeal · Decided August 21, 2017 · Osterhaus, Rowe, Winokur
224 So. 3d 888; 2017 WL 3584066; 2017 Fla. App. LEXIS 11950 (Southern Reporter, Third Series)

Circle-K Stores, Inc. v. Flores-Orellana

Opinion of the Court

PER CURIAM.

In this workers’ compensation case, the Employer/Servicing Agent (E/SA) appeal an order of the Judge of Compensation Claims (JCC) awarding Claimant E/SA-paid attorney’s fees and costs based on Claimant’s success in a proceeding for modification. Claimant cross-appeals the JCC’s determination of the attorney fee amount and denial of a separate attorney’s fee for establishing fee entitlement. We affirm the issue on appeal, as well as the denial of a separate attorney’s fee challenged in the cross-appeal. However, we reverse and remand for a re-calculation of the fee amount because the JCC erred by calculating it using a discount factor based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

ROWE, OSTERHAUS, and WINOKUR, JJ., CONCUR.

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