Chesnick v. City of Delray Beach

SMITH, Judge.

Appellant Mary Chesnick appeals a final order of the deputy commissioner awarding her attorney $12,500 in this workers’ compensation action. She seeks reversal of the deputy’s fee award, contending that the deputy abused his discretion in awarding a fee substantially below the amount indicated by application of the statutory guidelines, section 440.34(1), Florida Statutes (1983). For the reasons that follow, we reverse.

Appellant injured her lower back during the course and scope of her employment on June 23, 1978. She was found to have reached MMI on January 22, 1982. Thereafter,…