District Court of Appeal of Florida

An attorney's fee order of a judge of compensation claims (JCC) directing the employer/carrier (E/C) to pay to a claimant's attorney a fee in a certain amount for securing temporary partial disability benefits is affirmed where the JCC correctly construed Florida Statutes section 440.34 by following the strict statutory percentage formula, and the interpretation did not render the statute unconstitutional.

Appellate Information

• Decided 07/24/2006
• Published 07/24/2006

Judges

• BROWNING, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Barbara B. Wagner, of Wagenheim & Wagner, P.A., Ft. Lauderdale, and Michael Celeste, West Palm Beach, for Appellant.


• For Appellees:
  
• Cheryl Wilke, of Hinshaw & Culbertson, Ft. Lauderdale, for Appellees, and Jack A. Weiss, of Fowler White Boggs Banker, P.A., St. Petersburg, for Amicus Curiae, Florida Defense Lawyers Association.