Smith v. Gulf Coast Hospital

In this workers’ compensation appeal, claimant seeks review of an order awarding her attorney fees based on the customary hourly rate in the area, rather than the fee schedule set out in section 440.34(1), Florida Statutes (1999). Because we conclude the judge of compensation claims abused her discretion by doing so, we reverse, and remand with directions that the judge award claimant’s attorney a fee in the amount established by applying the statutory fee schedule.

The judge of compensation claims considered the factors listed in section 440.34(1), concluding that two — the amount involved…