Vassallo v. Goldwire

In this workers’ compensation appeal, Appellant argues the Judge of Compensation Claims (JCC) erred by dismissing, with prejudice, his attorney’s fee claim for lack of prosecution pursuant to section 440.25(4)(i), Florida Statutes (2008). For the reasons explained below, we agree and reverse.

In 1996, Appellant represented a claimant at a mediation, which resulted in a joint stipulation. Pursuant to the stipulation, Appellees agreed to pay certain benefits and jurisdiction was reserved “for any attorney’s fee due and owing in conjunction with the claim.” On September 19, 2008, Appellees filed…