ROMANO BROTHERS CONSTRUCTION v. STRIKER (2000)

District Court of Appeal of Florida,First District.

ROMANO BROTHERS CONSTRUCTION and Employers Self Insurers Fund c/o Claims Center, Appellants, v. Dale STRIKER, Appellee.

No. 1D99-1807.

Decided: May 08, 2000

H. George Kagan and Elliot B. Kula of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants. Barry A. Stein of Levine, Busch, Schnepper & Stein, P.A., Miami, for Appellee.

The employer and servicing agent challenge the amount of an attorney's fee awarded in the workers' compensation proceeding below, and assert that the fee award should not encompass services provided and benefits obtained after March 1995, when payments were made current. In departing from the statutory fee schedule under section 440.34(1), Florida Statutes (1991), the judge considered and relied on the attorney's subsequent time and services which ultimately led to a lump sum settlement of any and all potential claims. Because the claimant did not establish any other basis for such an award, and section 440.20(12)(b), Florida Statutes (1991), indicates that the claimant shall be responsible for the payment of his own attorney's fees in connection with the settlement, we reverse the appealed order and remand for reconsideration as to the amount of the fee award.

ALLEN, J.

ERVIN and DAVIS, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network