CIRCLE STORES INC v. FLORES ORELLANA (2017)

CIRCLE–K STORES, INC./ Constitution State Services Company, Appellants/Cross–Appellees, v. Emerita FLORES–ORELLANA, Appellee/Cross–Appellant.

CASE NO. 1D16–1715

Decided: August 21, 2017

H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants/Cross Appellees. Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellee/Cross–Appellant.

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.

PER CURIAM.

ROWE, OSTERHAUS, and WINOKUR, 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Out of date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