Zaldivar v. FLORIDA TRANSPORT 1982, INC.

Claimant’s prior attorney appeals the Judge of Compensation Claims’ (JCC’s) dismissal of his attorney’s fee lien. Because we agree the JCC erred, we reverse the order on appeal.

Background

Claimant’s prior attorney, Richard E. Zaldivar, filed a petition for benefits in October 2003, requesting payment of indemnity benefits, medical benefits, attorney’s fees, and costs. In November 2004, Zaldivar filed a substitution of counsel and preserved his attorney’s fee lien.

In October 2008, the employer/carrier (E/C) requested an attorney’s fee lien hearing be scheduled. The hearing took place in…