Opinion

Jackson v. Ryan's Family Steak House

  • 27 So. 3d 90
  • 2009 Fla. App. LEXIS 19986
  • 2009 WL 4912644
Court
District Court of Appeal of Florida
Filed
Dec 22, 2009
Status
Published
On the bench
Wetherell, Hawkes, Benton
Cited by
2 cases
Authority
More cited than 63.9%

suggesting that JCC has an independent duty to scrutinize fee motions so as not to award an excessive fee

How later courts described this case

  • suggesting that JCC has an independent duty to scrutinize fee motions so as not to award an excessive fee

Written by the judges who cited it.

The opinion

PER CURIAM.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that awards his counsel $8,860.00 in attorney’s fees for securing reimbursement of medical mileage in the amount of $201.44. Claimant argues the JCC reversibly erred by unilaterally reducing the hours expended based on non-record evidence. We affirm because the record supports the JCC’s finding that the claimed fee was clearly excessive and unconscionable, and even if we were to remand for further proceedings, we have little doubt that upon remand, the employer/carrier (E/C) would introduce evidence establishing that a reasonable fee certainly would not exceed $3,860.00.

WETHERELL, J., concurs; HAWKES, C.J., concurs with opinion; BENTON, J., dissents with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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