Corporate Service, Inc. v. Justus

ALLEN, Judge.

The employer/servicing agent appeal a workers’ compensation order by which the claimant was awarded an attorney’s fee under section 440.34(3)(b), Florida Statutes (1989). We conclude that in applying the section 440.34(1), Florida Statutes (1989) criteria as to the amount of the fee, the judge erred by failing to limit the application of those factors to the benefits which were untimely under section 440.34(3)(b). The statutory criteria should not be applied to payments which were voluntarily made, or which were otherwise timely provided after being claimed, because section…