42
Fla. L. Weekly D658aTop of Form
Fla. L. Weekly D658aTop of Form
Workers’
compensation — Attorney’s fees — Amount — Competent, substantial evidence
supported judge of compensation claims’ finding in support of fee awarded —
Evidence submitted by claimant was insufficient to support requested amount
compensation — Attorney’s fees — Amount — Competent, substantial evidence
supported judge of compensation claims’ finding in support of fee awarded —
Evidence submitted by claimant was insufficient to support requested amount
ORESTES
J. FERRER, Appellant, v. TRULY NOLEN OF AMERICA, INC. AND CRAWFORD & COMPANY,
Appellees. 1st District. Case No. 1D14-5178. Opinion filed March 20, 2017. An
appeal from an order of the Judge of Compensation Claims. Mark A. Massey,
Judge. Date of Accident: December 8, 2010. Counsel: Kimberly A. Hill of
Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. Janet M. Greene of
Janet M. Greene, P.A., Tampa, for Appellees.
J. FERRER, Appellant, v. TRULY NOLEN OF AMERICA, INC. AND CRAWFORD & COMPANY,
Appellees. 1st District. Case No. 1D14-5178. Opinion filed March 20, 2017. An
appeal from an order of the Judge of Compensation Claims. Mark A. Massey,
Judge. Date of Accident: December 8, 2010. Counsel: Kimberly A. Hill of
Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. Janet M. Greene of
Janet M. Greene, P.A., Tampa, for Appellees.
[Prior
report at 40 Fla. L. Weekly D1009a.]
report at 40 Fla. L. Weekly D1009a.]
(PER
CURIAM.) In this workers’ compensation appeal, Appellant challenges an order of
the Judge of Compensation Claims (JCC) awarding a statutory guideline
attorney’s fee as set forth in section 440.34(1), Florida Statutes (2010). On
remand pursuant to Castellanos v. Next Door Co., 192 So. 3d 431 (Fla.
2016), we affirm the attorney fee and cost order of October 8, 2014, on the
basis of the JCC’s alternate ruling. Competent, substantial evidence exists to
support the JCC’s alternative finding in support of the fee awarded. Appellant
failed to satisfy his burden of proof regarding the requested attorney’s fees.
Specifically, Appellant failed to introduce evidence delineating the attorneys
within the subject law firm who worked the hours claimed in the Verified
Petition for Attorney Fees and/or to establish the appropriate hourly rate for
the attorney hours expended.
CURIAM.) In this workers’ compensation appeal, Appellant challenges an order of
the Judge of Compensation Claims (JCC) awarding a statutory guideline
attorney’s fee as set forth in section 440.34(1), Florida Statutes (2010). On
remand pursuant to Castellanos v. Next Door Co., 192 So. 3d 431 (Fla.
2016), we affirm the attorney fee and cost order of October 8, 2014, on the
basis of the JCC’s alternate ruling. Competent, substantial evidence exists to
support the JCC’s alternative finding in support of the fee awarded. Appellant
failed to satisfy his burden of proof regarding the requested attorney’s fees.
Specifically, Appellant failed to introduce evidence delineating the attorneys
within the subject law firm who worked the hours claimed in the Verified
Petition for Attorney Fees and/or to establish the appropriate hourly rate for
the attorney hours expended.
AFFIRMED.
(WOLF, ROWE, and M.K. THOMAS, JJ., CONCUR.)
(WOLF, ROWE, and M.K. THOMAS, JJ., CONCUR.)
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