Legal Opinion

Nelson v. Pharmerica

District Court of Appeal of Florida

Decided October 22, 2015No. 1D15-1582Published

1Opinion of the CourtRay, J.

In this workers’ compensation appeal, Appellant, the former attorney for Claimant, argues the Judge of Compensation Claims (JCC) erred in denying his motion to strike the Employer/Carrier’s (E/C’s) untimely response to Appellant’s petition *131for attorney’s fees and costs. Because the E/C failed to establish good cause for the late filing, the -JCC had no discretion to reduce the amount- of Appellant’s legally sufficient claim for attorney’s fees and costs. Nonetheless, the. JCC did not err in declining to award payment for legal assistants’ -time, as the petition failed' to establish a prima…

2Cases cited5 opinions

  1. Dayco Products v. McLaneDistrict Court of Appeal of Florida · 1997
  2. Morrison Management Specialists v. PierreDistrict Court of Appeal of Florida · 2011
  3. Jackson v. Ryan's Family Steak HouseDistrict Court of Appeal of Florida · 2009
  4. Sapp v. MIAMI-DADE POLICE DEPARTMENTDistrict Court of Appeal of Florida · 2012
  5. Sapp v. Miami-Dade Police DepartmentDistrict Court of Appeal of Florida · 2012

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