Hendry County School Board v. Mitchell

BENTON, Judge.

Hendry County School Board (School Board) and McCreary Corporation appeal an award of attorney’s fees in the amount of $17,500. The award is predicated on Clarice Mitchell’s lawyer’s success in obtaining less than $300 in workers’ compensation indemnity benefits for her, together with timely furnished medical benefits. We find no entitlement to a fee award and reverse.

At issue is whether Ms. Mitchell’s lawyer is entitled to a fee at the appellants’ expense under section 440.34(3)(a) or (b), Florida Statutes (1995). Subsubsection (a) authorizes a fee award when an injured…