Cases from cite.case.law:

PORTU, v. CITY OF CORAL GABLES,, 239 So. 3d 1295 (Fla. App. Ct. 2018)

. . . Section 440.34(3), Florida Statutes (2009), entitles a claimant to attorney's fees when the "carrier . . .

PALMA, v. AMERICAN AIRLINES CMS,, 229 So. 3d 1272 (Fla. Dist. Ct. App. 2017)

. . . SCI at Palmer Club at Prestancia, 989 So.2d 709, 710 (Fla. 1st DCA 2008); see generally § 440.34, Fla . . . See § 440.34(2), Fla. Stat. (2013). . . . See § 440.34(3), Fla. Stat. (2013). . . .

GOMEZ, v. FRANK CRUM, INC., 228 So. 3d 735 (Fla. Dist. Ct. App. 2017)

. . . attorney’s fee, awarding instead a fee based on the statutory fee schedule as set out in subsection 440.34 . . .

CIRCLE- K STORES, INC. v. FLORES- ORELLANA,, 224 So. 3d 888 (Fla. Dist. Ct. App. 2017)

. . . See § 440.34(1), Florida Statutes (2009). AFFIRMED IN PART; REVERSED IN PART; and REMANDED. . . .

DELGADO, v. CITY CONCRETE SYSTEMS, INC. FCCI, 220 So. 3d 529 (Fla. Dist. Ct. App. 2017)

. . . attorney, and he reduced the fee to $4,293.80, representing a statutory guideline fee under section 440.34 . . . under this chapter, unless approved by the [JCC] or court having jurisdiction over such proceedings.” § 440.34 . . .

J. FERRER, v. TRULY NOLEN OF AMERICA, INC., 212 So. 3d 544 (Fla. Dist. Ct. App. 2017)

. . . of Compensation Claims (JCC) awarding a statutory guideline attorney’s fee as set forth in section 440.34 . . .

GOVEA, v. STARBOARD CRUISE SERVICE, INC. Co., 212 So. 3d 466 (Fla. Dist. Ct. App. 2017)

. . . s) order granting the Employer/Carrier’s (E/C’s) motion for prevailing party costs under subsection 440.34 . . . We also reject the constitutional challenge to subsection 440.34(3) raised in Issue II, because Claimant . . .

SANSONE, v. CRUM, 201 So. 3d 1289 (Fla. Dist. Ct. App. 2016)

. . . Under section 440.34(3)(b), Florida Statutes (2014), successful claimants can recover attorney’s fees . . . Analysis Attorney’s fees under section 440.34(3)(b) require the “successful prosecution of the petition . . . ,” but fees cannot attach until thirty days after the employer receives the petition. § .440.34, Fla. . . . Therefore, an award under section 440.34(3)(b) requires some part of the “successful prosecution” to . . . Sansone relies on this court’s decisions holding that “successful prosecution” under section 440.34(3 . . .

CRUZ- RAMIREZ, v. AMERICAN AIRLINES, 200 So. 3d 267 (Fla. Dist. Ct. App. 2016)

. . . The JCC found further: Upon consideration of all the evidence and evaluation of the variables of F.S. 440.34 . . . See § 440.34(2), Fla. . . .

F. SOUZA, v. TRULY NOLEN, INC., 199 So. 3d 531 (Fla. Dist. Ct. App. 2016)

. . . While the appeal was pending, Souza withdrew a pending claim under section 440.34, Florida Statutes ( . . .

O CONNOR, v. INDIAN RIVER COUNTY FIRE RESCUE, 197 So. 3d 156 (Fla. Dist. Ct. App. 2016)

. . . of compensation claims (JCC) awarding costs to Appellees as the prevailing party pursuant to section 440.34 . . .

LUCIANO, Jr. v. ADECCO, 194 So. 3d 587 (Fla. Dist. Ct. App. 2016)

. . . costs in the amount of $8,421.07 to the Employer/Carrier (E/C) as a prevailing party under section 440.34 . . .

RICHARDSON, v. ARAMARK SEDGWICK CMS,, 193 So. 3d 880 (Fla. 2016)

. . . attorney’s fee was calculated in strict compliance with the conclusive statutory fee schedule in section 440.34 . . .

CASTELLANOS, v. NEXT DOOR COMPANY,, 192 So. 3d 431 (Fla. 2016)

. . . This case asks us to evaluate the constitutionality of the mandatory fee schedule in section 440.34, . . . critical feature of the workers’ compensation law, we conclude that the mandatory fee schedule in section 440.34 . . . However, because section 440.34 limits, a-claimant’s ability to recover attorney’s fees to a sliding . . . ANALYSIS Our review of the constitutionality of section 440.34 is de novo; See Graham v. . . . See § 440.34(1), Fla. Stat. . . . Mariner Health, 994 So.2d 1051 (Fla.2008) (interpreting section 440.34, Florida Statutes (2003)). . . . To be clear, I am not saying that - a constitutional challenge to section 440.34, Florida Statutes (2009 . . . After all, section 440.34(1), Florida Statutes (2009), provides that the -attorney’s fee must equal 20 . . . Section 440.34 as plainly written prescribes a mandatory schedule for prevailing party attorney’s fees . . . The fee schedule in section 440.34, Florida Statutes, embodies a policy determination by the Legislature . . . The policy adopted by the Legislature1 in section 440.34 may be subject to criticism, but it unquestionably . . . Section 440.34 does not embody a prophylactic requirement akin to the eligibility requirement in Salfi . . . Section 440.34 thus does not present any question of “inherent imprecision.” . . .

DIAZ, v. PALMETTO GENERAL HOSPITAL,, 191 So. 3d 882 (Fla. 2016)

. . . fee for the claimant’s attorney in strict compliance with the conclusive fee schedule , in section 440.34 . . .

P. PFEFFER, v. LABOR READY SOUTHEAST, INC., 191 So. 3d 884 (Fla. 2016)

. . . Pursuant to the fee schedule in section 440.34, Florida Statutes, the judge of compensation claims was . . .

MILES, v. CITY OF EDGEWATER POLICE DEPARTMENT PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS, 190 So. 3d 171 (Fla. Dist. Ct. App. 2016)

. . . Claimant challenges the constitutionality of sections 440.105 and 440.34, Florida Statutes, which limit . . . Subsection 440.34(1), Florida Statutes (2011), provides the JCC -with the following limits on his or . . . Subsection 440.34(2) instructs the JCC to “consider only those benefits secured by the attorney” when . . . Because First Amendment rights are fundamental, “we apply strict scrutiny to section 440.34, regarding . . . Four Seasons Ocean Grand Palm Beach, 932 So.2d 506 (Fla. 1st DCA 2006), that section 440.34 “ ‘does not . . .

PATON, v. GEICO GENERAL INSURANCE CO., 190 So. 3d 1047 (Fla. 2016)

. . . (citing § 440.34(7), Fla. Stat. (2003)). . . .

SOCA, v. ADVANCED AUTO PARTS, 185 So. 3d 1258 (Fla. Dist. Ct. App. 2016)

. . . See § 440.34(3), Fla. Stat. (2009). . . .

THYSSENKRUPP ELEVATOR CORP. CMS, v. BLACKMON,, 180 So. 3d 250 (Fla. Dist. Ct. App. 2015)

. . . Appellee’s entitlement to fees is based on section 440.34(5), . . . . . § 440.34(5), Fla. Stat. (2015). An award of fees, as indicated, is discretionary. . . .

JENNINGS, v. HABANA HEALTH CARE CENTER, 183 So. 3d 1131 (Fla. Dist. Ct. App. 2015)

. . . She relies on section 440.34(3), Florida Statutes (2014), which provides that prevailing parties are . . . Section 440.34(3) provides that “the prevailing party is entitled to reasonable costs it incurred in . . . the nonprevailing party the reasonable costs of such proceedings, not to include attorney’s fees.” § 440.34 . . . The portion of subsection 440.34(3) the judge of compensation claims relied upon in the alternative is . . . In the circumstances it specifies, section 440.34 authorizes claimants to recover attorney's fees from . . .

EDMOND, v. AVIS BUDGET GROUP, INC. CNA, 178 So. 3d 432 (Fla. Dist. Ct. App. 2015)

. . . Under the provisions of section 440.34, Florida Statutes (2012), the Judge of Compensation Claims (JCC . . . fee for his efforts necessary to establish entitlement to the attorney’s fees awarded under section 440.34 . . . fees when he awarded a carrier-paid fee based on a percentage of the benefits secured under section 440.34 . . .

O. SIERRA, v. METROPOLITAN PROTECTIVE SERVICES, 188 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . on appeal, Claimant argues that the JCC erred by failing to award an attorney’s fee under paragraph 440.34 . . .

NEALY, v. FLORIDA DEPARTMENT OF REVENUE DIVISION OF RISK MANAGEMENT,, 171 So. 3d 201 (Fla. Dist. Ct. App. 2015)

. . . $1,449.98 in taxable costs payable by Claimant to the Employer/Servicing Agent (E/SA) under subsection 440.34 . . . Under subsection 440.34(3), a prevailing party is entitled to reimbursement of all reasonable litigation . . . holding that award of all reasonable costs of litigation to prevailing party is mandatory under section 440.34 . . .

BRADY, v. CYPRESS COMMUNICATIONS OF SOUTH FLORIDA, 169 So. 3d 1283 (Fla. Dist. Ct. App. 2015)

. . . $1,500 attorney’s fee to be paid by the Employer/Carrier (E/C) to Claimant’s attorney under section 440.34 . . . associated attorney’s fee, the “alternative” $1,500 “medical benefits only” fee permitted under section 440.34 . . .

SUAREZ, v. STEWARD ENTERPRISES Co., 164 So. 3d 132 (Fla. Dist. Ct. App. 2015)

. . . See § 440.34(3), Fla. Stat. . . .

COLEMAN, v. AMERICAN AIRLINES, 183 So. 3d 1065 (Fla. Dist. Ct. App. 2015)

. . . award of $2,645.70 in taxable costs payable by Claimant to the Employer/Carrier (E/C) under section 440.34 . . . Under section 440.34(3), a prevailing party is entitled to reimbursement of all reasonable costs. . . . holding that award of all reasonable costs of litigation to prevailing party is mandatory under section 440.34 . . .

URGUELLES, v. EL OASIS CAFE Co., 162 So. 3d 1057 (Fla. Dist. Ct. App. 2015)

. . . Section 440.34(1), Florida Statutes (2012), provides that “any attorney’s fee” approved by a JCC must . . .

CUENCA, v. NOVA SOUTHEASTERN UNIVERSITY, 160 So. 3d 941 (Fla. Dist. Ct. App. 2015)

. . . Employer/Servicing Agent (E/SA) would pay Claimant’s attorney a $1,500 attorney’s fee, under section 440.34 . . . Section 440.34(3)(a) provides for the payment of an E/C-paid fee if a claimant successfully asserts a . . . Section 440.34(7) provides that “[i]f an attorney’s fee is owed under paragraph (3)(a), the [JCC] may . . .

CORTES- MARTINEZ, v. PALMETTO VEGETABLE CO. LLC, 159 So. 3d 934 (Fla. Dist. Ct. App. 2015)

. . . appeal, Claimant argues the Judge of Compensation Claims (JCC) erred in her interpretation of section 440.34 . . . this ease of first impression, we address the formula for computing an attorney’s fee under section 440.34 . . . The plain language of section 440.34 does not support the JCC’s interpretation. . . . Such a reading would vitiate the guarantees in section 440.34(3)(a),(b), & (c), which provide that a . . . Because the JCC erred in interpreting section 440.34(1), the JCC erred in denying the requested E/C-paid . . .

s A. WALKER, A. P. A. v. PERRY,, 162 So. 3d 253 (Fla. Dist. Ct. App. 2015)

. . . address the costs related to Claimant’s settlement of his workers’-compensation claims under section 440.34 . . .

S. LANE, v. WORKFORCE BUSINESS SERVICES, INC. f k a, 151 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . /C agreed to the payment of litigation costs and a statutory guideline attorney’s fee under section 440.34 . . . Section 440.34(3), Florida Statutes (2011), provides that “[i]f any party should prevail in any proceedings . . . videotaped depositions, and REMAND for application of the reasonableness standard set forth in section 440.34 . . .

PANZER LAW, P. A. v. PALM BEACH COUNTY SCHOOL DISTRICT A, 150 So. 3d 823 (Fla. Dist. Ct. App. 2014)

. . . Under the version extant both in 2006 and in 2008, section 440.34 provided “that a claimant shall be . . . Claims and the injured person has employed an attorney in the successful prosecution of the petition,” § 440.34 . . . within 30 days after receipt of the [PFB] are thereby waived. (7) Notwithstanding the provisions of s. 440.34 . . . “the injured employee ha[d] employed an attorney in the successful prosecution of the petition.” § 440.34 . . .

E. RIVAS, v. OASIS OUTSOURCING, INC., 147 So. 3d 670 (Fla. Dist. Ct. App. 2014)

. . . whereby the Employer/Carrier (E/C) would pay Claimant’s attorney a $1,500 attorney’s fee, under section 440.34 . . . Section 440.34(3)(a) provides for the payment of an E/C-paid fee if a claimant successfully asserts a . . . Section 440.34(7) provides that “[i]f an attorney’s fee is owed under paragraph (3)(a), the [JCC] may . . .

JOHNS EASTERN COMPANY BCC, v. BELLAMY,, 138 So. 3d 1138 (Fla. Dist. Ct. App. 2014)

. . . motion, we provisionally grant Appel-lee/Claimant’s motion for appellate attorney’s fees under section 440.34 . . .

TAYLOR, v. AIR CANADA, 136 So. 3d 786 (Fla. Dist. Ct. App. 2014)

. . . By concluding that section 440.34(3) was implicated in determining Claimant’s entitlement to the advance . . .

M. LORD, v. SANTA ROSA CORRECTIONAL INSTITUTE, 135 So. 3d 1170 (Fla. Dist. Ct. App. 2014)

. . . See § 440.34, Fla. Stat. (1999). The JCC based his ruling largely on Jennings v. . . . See § 440.34(1), Fla. . . . Stat. (1999) (“a fee ... may not be paid ... unless approved as reasonable”); § 440.34(l)(a), Fla. . . .

T. NEVILLE, v. J. C. PENNEY CORP., 135 So. 3d 525 (Fla. Dist. Ct. App. 2014)

. . . judge failed to make adequate factual findings on each of the statutory factors enumerated in section 440.34 . . . .2d 417 (Fla. 1st DCA 2001), even though “the JCC considered the various statutory factors of section 440.34 . . .

JONES, v. SHADOW TRAILERS, INC. USIS,, 134 So. 3d 1136 (Fla. Dist. Ct. App. 2014)

. . . for “medical-only” attorney’s fees, payable by the Employer/Carrier (E/C) as provided for in section 440.34 . . . Section 440.34(3)(a) allows for E/C-paid attorney’s fees where a claimant “successfully asserts a petition . . . Square 6 AMC Theaters, 731 So.2d 699, 699 (Fla. 1st DCA 1999), wherein this court considered section 440.34 . . . Allen was decided before a 2002 amendment to section 440.34(3), which added the language that, “[r]egardless . . . creates a bright-line rule for the attachment of E/C-paid attorney’s fees under every sub-subsection of 440.34 . . .

LUCES, v. RED VENTURES, 140 So. 3d 999 (Fla. Dist. Ct. App. 2014)

. . . regarding $1,500 in attorney’s fees payable by the Employer/Carrier, purportedly authorized by section 440.34 . . . Section 440.34(3)(a) provides for the award of an attorney’s fee from an employer “[ajgainst whom [a . . . secure only (or perhaps any) medical benefits for Claimant, so that, inter alia, the caps in section 440.34 . . . applicable where an attorney’s fee is owed on a medical benefits-only theory per paragraph (3)(a). § 440.34 . . . meaningful legal or factual basis for approving a medical benefits only attorney’s fee under section 440.34 . . .

CASTELLANOS, v. NEXT DOOR COMPANY AMERISURE INSURANCE CO., 124 So. 3d 392 (Fla. Dist. Ct. App. 2013)

. . . Constrained by the statutory formula set forth in section 440.34(1), Florida Statutes (2009), the judge . . . of compensation claims, as an executive branch adjudicator, was without authority to declare section 440.34 . . . In reaching our decision today, we have therefore considered claimant’s arguments that section 440.34 . . . In Kauffman, we recognized that section 440.34 was amended in 2009 in response to the supreme court’s . . .

WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . Fla. 1st DCA 2011) (recognizing that the Legislature’s deletion of the word "reasonable” in section 440.34 . . .

M. OWEN, Jr. v. CITY OF KEY WEST, 118 So. 3d 1005 (Fla. Dist. Ct. App. 2013)

. . . We find merit in only one-whether the JCC erred in concluding that section 440.34(1), Florida Statutes . . . Leasing, Inc., 113 So.3d 1042, 1045 (Fla. 1st DCA 2013) (“We conclude to the extent that sections 440.34 . . .

TRAVELERS INSURANCE v. ARMSTRONG,, 118 So. 3d 865 (Fla. Dist. Ct. App. 2013)

. . . . § 440.34(2), Fla. Stat. (2010). . . .

JACOBSON, v. SOUTHEAST PERSONNEL LEASING, INC., 113 So. 3d 1042 (Fla. Dist. Ct. App. 2013)

. . . ) that grant, in part, the Employer/Carrier’s (E/C’s) motion to tax costs against him under section 440.34 . . . Claimant challenges the constitutionality of sections 440.105(3) (c) and 440.34 insofar as these sections . . . We conclude to the extent that sections 440.34 and 440.105(3)(c), Florida Statutes, prohibit Claimant . . . Accordingly, as applied here, sections 440.34 and 440.105(3)(c) are unconstitutional. . . . See § 440.34(3), Fla. Stat. (2007); Ch. 03^412, § 26, at 3944, Laws of Fla. . . . action brought by the E/C to tax its prevailing-party costs against the claimant pursuant to section 440.34 . . . challenges to the statutory limitations on the amount of fees the JCC can award (or approve) under section 440.34 . . . Beach, 932 So.2d 506, 510 (Fla. 1st DCA 2006) (rejecting argument that attorney’s fee limits in section 440.34 . . .

T. NEVILLE, v. JC PENNEY CORP., 130 So. 3d 235 (Fla. Dist. Ct. App. 2013)

. . . Claimant’s attorney is entitled to be paid an attorney fee by the Employer/Carrier (E/C) under section 440.34 . . . In order to establish entitlement to an E/C-paid attorney’s fee under section 440.34(3), Florida Statutes . . . successfully achieved acceptance and payment of the claim, all of the statutory requirements of section 440.34 . . .

SERRANO P. Jr. v. DEL AIR, 114 So. 3d 1038 (Fla. Dist. Ct. App. 2013)

. . . and access to courts challenges to statutory limitation on award of attorney’s fees found in section 440.34 . . .

ELMS, v. CASTLE CONSTRUCTORS CO., 109 So. 3d 1274 (Fla. Dist. Ct. App. 2013)

. . . The JCC denied the motion, reasoning that section 440.34(1), Florida Statutes (2011), effectively prohibits . . . this Court seeking review of the JCC’s order, in which he argues that the JCC misinterpreted section 440.34 . . .

ESCAMBIA COUNTY SCHOOL DISTRICT BOARD, v. VICKERY- ORSO,, 109 So. 3d 1242 (Fla. Dist. Ct. App. 2013)

. . . exercise our discretion and award Claimant attorney’s fees for defending this appeal pursuant to section 440.34 . . . Fellows, 209 So.2d 454 (Fla.1968), as codified in section 440.34(1), Florida Statutes (1977). . . .

VALERA, v. FLORIDA KEYS AQUEDUCT AUTHORITY, 109 So. 3d 305 (Fla. Dist. Ct. App. 2013)

. . . Employer/Carrier (E/C) are prevailing parties, determining the amount of each party’s costs under section 440.34 . . . Section 440.34(3) states that “there shall be taxed against the nonprevailing party the reasonable costs . . .

HILLSBOROUGH COUNTY SCHOOL BOARD v. E. KUBIK,, 110 So. 3d 928 (Fla. Dist. Ct. App. 2013)

. . . section 440.13(2)(f), Florida Statutes (2010), and denies the E/SA prevailing-party costs, under section 440.34 . . .

A. OLIVER, v. A. DUNN, St., 100 So. 3d 1187 (Fla. Dist. Ct. App. 2012)

. . . finding that Oliver “secured” the benefits on which she seeks attorney’s fees, as required by section 440.34 . . . We hold this reasoning to be error as a matter of law, under the mandate of section 440.34(3) that a . . .

MARTON, v. FLORIDA HOSPITAL ORMOND BEACH ADVENTIST HEALTH SYSTEMS,, 98 So. 3d 754 (Fla. Dist. Ct. App. 2012)

. . . Section 440.34(3), Florida Statutes (2007), provides that “[i]f any party should prevail in any proceedings . . . Relying on the language of section 440.34(3), permitting a prevailing claimant to tax against the employer . . .

FREDERICK, v. MONROE COUNTY SCHOOL BOARD, 99 So. 3d 983 (Fla. Dist. Ct. App. 2012)

. . . Carrier (E/C) filed its verified motion seeking recovery of $16,044.10 in litigation costs under section 440.34 . . . We are constrained to affirm the imposition of costs under section 440.34(3), Florida Statutes. . . .

WILLIAMS, v. STATE DEPARTMENT OF CORRECTIONS DIVISION OF RISK MANAGEMENT,, 97 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . appeal is whether Claimant may recover attorney’s fees from the Employer/Carrier (“E/C”) under section 440.34 . . . Claimant subsequently filed a petition seeking an award of attorney’s fees under section 440.34, asserting . . . Under section 440.34(3)(b), Florida Statutes (2008), a successful claimant may recover a reasonable attorney . . . the time Claimant submitted her PFB and received payment of the claim, the requirements of section 440.34 . . .

PUPO, v. CITY OF HIALEAH CMS,, 91 So. 3d 925 (Fla. Dist. Ct. App. 2012)

. . . See § 440.34(3), Fla. Stat. (1997). . . .

PINEDA, v. RIO PINAR HEALTH CARE CENTER WC, 91 So. 3d 266 (Fla. Dist. Ct. App. 2012)

. . . an employer/carrier-paid attorney’s fee without reference to the formula mandate set out in section 440.34 . . . In Murray, the supreme court resolved the ambiguity between section 440.34(1) and section 440.34(3). . . . when a claimant is entitled to recover attorney fees from a carrier or employer as provided by section 440.34 . . . See § 440.34(3), Fla. Stat. (2003). . . . Section 440.34(3), does not define “reasonable attorney’s fee,” and an ambiguity results when subsection . . .

PALM BEACH COUNTY SCHOOL DISTRICT F. A. v. BLAKE- WATSON,, 91 So. 3d 176 (Fla. Dist. Ct. App. 2012)

. . . requirements of this section”; and that fees based on the November PFB never attached under section 440.34 . . .

PETTY, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 80 So. 3d 313 (Fla. 2012)

. . . insurance policy to include coverage for attorney's fees entered against the insured employer under section 440.34 . . . and duty that, therefore, must be included in the insurance policy is attorney's fees under section 440.34 . . . Gustinger, 390 So.2d 420, 421 (Fla. 3d DCA 1980) (stating that a section 440.34 attorney’s fee award . . . SBP Service, Inc., 649 So.2d 934, 935 (Fla. 1st DCA 1995) (holding a section 440.34 fee award to be within . . .

BALLARD, v. EDD HELMS GROUP, 79 So. 3d 88 (Fla. Dist. Ct. App. 2011)

. . . See § 440.34(3)(b), Fla. . . .

AGUILAR, v. KOHL S DEPARTMENT STORES, INC. CMS,, 68 So. 3d 356 (Fla. Dist. Ct. App. 2011)

. . . Compensation Claims (JCC) denying her claim for entitlement to prevailing party costs under section 440.34 . . . Section 440.34(3) contemplates this peculiar complexity of workers’ compensation litigation and provides . . .

M. REYNOLDS, v. COMMERCIAL CARRIER CORPORATION, 69 So. 3d 310 (Fla. Dist. Ct. App. 2011)

. . . Specifically, prior to the 2003 amendment to section 440.34(3), Florida Statutes, only a prevailing claimant . . .

HERNANDEZ, v. PALMETTO GENERAL HOSPITAL,, 60 So. 3d 1084 (Fla. Dist. Ct. App. 2011)

. . . the JCC ordered Claimant to pay $3,647.86 in costs to the employer/carrier (E/C) pursuant to section 440.34 . . .

PUNSKY, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, 60 So. 3d 1088 (Fla. Dist. Ct. App. 2011)

. . . Thereafter, the employer and carrier, as the prevailing parties, filed a motion pursuant to section 440.34 . . . Section 440.34(3), on the other hand, directs the judge of compensation claims to award “reasonable costs . . . When read in conjunction with section 440.34(3), section 440.13(5) may broaden the circumstances under . . . On the other hand, section 440.34(3) is mandatory (“shall be taxed”), and includes all “reasonable costs . . . We also reject claimant’s second point, because we conclude that, by enacting section 440.34(3), the . . .

McDERMOTT, v. UNITED PARCEL SERVICE LIBERTY MUTUAL,, 57 So. 3d 933 (Fla. Dist. Ct. App. 2011)

. . . Section 440.34(l)(b), Florida Statutes (Supp.1996), requires the JCC to determine, when awarding a fee . . .

KAUFFMAN, v. COMMUNITY INCLUSIONS, INCORPORATED GUARANTEE INSURANCE COMPANY,, 57 So. 3d 919 (Fla. Dist. Ct. App. 2011)

. . . The new law amended section 440.34, Florida Statutes (2008), by deleting “reasonable” before “attorney . . . We reject Claimant’s argument that section 440.34 allows attorney’s fees exceeding an amount resulting . . . from application of the formula set forth in section 440.34(1) when the fee is “awarded” rather than . . . Although section 440.34(1) provides that a fee may not be paid for a claimant unless approved by the . . . JCC, section 440.34(3) provides that a claimant is entitled to recover a fee from an Employer/Carrier . . .

CARRILLO, v. CASE ENGINEERING, INC., 53 So. 3d 1214 (Fla. Dist. Ct. App. 2011)

. . . refused to award attorney’s fees to the claimant, even though (without identifying any subsection of 440.34 . . . The parties’ prehearing stipulation specified section “440.34(3)(b)(c),” as the basis for the attorney . . . The rehearing motion again urged entitlement on the basis of section 440.34(3)(c). . . . Asserting entitlement to attorney’s fees on the basis of section 440.34(3)(e) adequately preserved for . . . Section 440.34(3)(c), Florida Statutes (1995), provides that “a claimant shall be entitled to recover . . .

CLAY COUNTY SHERIFF S OFFICE v. KRAEMER,, 49 So. 3d 339 (Fla. Dist. Ct. App. 2010)

. . . in the order that Claimant was seeking attorney’s fees under the “medical only” provision of section 440.34 . . .

HERNANDEZ, v. MANATEE COUNTY GOVERNMENT COMMERCIAL RISK MANAGEMENT, INC., 50 So. 3d 57 (Fla. Dist. Ct. App. 2010)

. . . .” § 440.34(3), Fla. Stat. (2003); see F.A. Richard & Assocs. v. . . . Fernandez, 975 So.2d 1224, 1225 (Fla. 1st DCA 2008) (interpreting section 440.34(3) to mandate award . . .

INTERSTATE BRANDS CORP. BROADSPIRE, v. BLANCO,, 50 So. 3d 665 (Fla. Dist. Ct. App. 2010)

. . . See § 440.34(1), Fla. Stat. (1995). . . . Analysis Under section 440.34(3)(b), Florida Statutes (1995), the paragraph of the attorney fee statute . . . Statutes (1995), results in the E/C being responsible for Claimant’s attorney’s fees under section 440.34 . . . Tilt Trailer, Inc., 878 So.2d 437, 438 (Fla. 1st DCA 2004) (holding that 2002 amendment to section 440.34 . . .

D. PIERRE, v. ROYAL CARE USIS,, 46 So. 3d 647 (Fla. Dist. Ct. App. 2010)

. . . Because Claimant meets the requirements of section 440.34(3), Florida Statutes (2007), we reverse the . . . See § 440.34(3), Fla. Stat. (2007). . . . Consequently, she is entitled to attorney’s fees under section 440.34(3), Florida Statutes, for the full . . .

SOUTH FLORIDA EXPRESS BANKSERV, INC. v. APONTE,, 44 So. 3d 651 (Fla. Dist. Ct. App. 2010)

. . . See § 440.34(5), Fla. Stat. (2002). See also City of Miami v. . . . Based on section 440.34(5), this court chose to reward Appellee’s attorney for successfully defending . . .

GOMAR, v. RIDENHOUR CONCRETE AND SUPPLY, AMCOMP, 42 So. 3d 855 (Fla. Dist. Ct. App. 2010)

. . . 1st DCA 2009) (holding JCC reversibly erred in applying the post-October 1, 2003, version of section 440.34 . . .

DEESE, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, 43 So. 3d 781 (Fla. Dist. Ct. App. 2010)

. . . Appellant was taxed $6,575.26 in costs pursuant to section 440.34(3), Florida Statutes. . . .

G. BROWN, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, 43 So. 3d 782 (Fla. Dist. Ct. App. 2010)

. . . denied com-pensability of the claim and taxed $8,683.76 in costs against Appellant pursuant to section 440.34 . . . construction to infer a reciprocal remedy by reading section 440.24(1) in pari materia with section 440.34 . . .

CASTELLON, v. RC ALUMINUM INDUSTRIES, INC. AIG, 40 So. 3d 39 (Fla. Dist. Ct. App. 2010)

. . . See § 440.34(1), Fla. Stat. (2007). . . .

ORANGE COUNTY AND ALTERNATIVE SERVICE, v. NEW,, 39 So. 3d 423 (Fla. Dist. Ct. App. 2010)

. . . It was not until section 440.34(3) was amended in 2003 that “any prevailing party” in a workers’ compensation . . . that we should infer a reciprocal remedy by reading section 440.24(1) in pari materia with section 440.34 . . .

CHUN- HOON v. McKEE FOODS CORPORATION, a, 716 F. Supp. 2d 848 (N.D. Cal. 2010)

. . . Experience San Francisco Hourly Rate Los Angeles Hourly Rate 20+ Years $499.41 $477.88 11-19 Years $440.34 . . . Eng SF 10 $354.42 903.1 $320,076.70 Legal Assistant SF n/a $139.62 21 2,932.02 Edward Zusman SF 19 $440.34 . . .

TRENT, v. CHARLOTTE SANITATION CNA, 31 So. 3d 938 (Fla. Dist. Ct. App. 2010)

. . . in favor of the E/C on all issues, and awarded the E/C costs payable by Claimant pursuant to section 440.34 . . . costs was error because Claimant’s date of accident predates the October 1, 2003, version of section 440.34 . . . DCA 2009) (holding the JCC reversibly erred in applying the post October 1, 2003, version of section 440.34 . . .

SMITH, v. GULF COAST HOSPITAL, 31 So. 3d 297 (Fla. Dist. Ct. App. 2010)

. . . fees based on the customary hourly rate in the area, rather than the fee schedule set out in section 440.34 . . . The judge of compensation claims considered the factors listed in section 440.34(1), concluding that . . . We reversed, noting that, because “[t]he presumptive attorney’s fee authorized by section 440.34(1) is . . .

SANDVIK, INC. v. DECOURSEY,, 31 So. 3d 931 (Fla. Dist. Ct. App. 2010)

. . . on its affirmative defense as to those five days, it is entitled to an award of costs under section 440.34 . . . say the JCC abused her discretion in denying the E/C’s claim for prevailing party costs under section 440.34 . . .

MARTZ, v. VOLUSIA COUNTY FIRE SERVICES, 30 So. 3d 635 (Fla. Dist. Ct. App. 2010)

. . . In addition, we reverse the JCC’s denial of attorney’s fees and costs pursuant to section 440.34(3), . . .

SHACKLEFORD, v. CTL DISTRIBUTION, 25 So. 3d 667 (Fla. Dist. Ct. App. 2010)

. . . There is nothing in either section 440.34(3), Florida Statutes (2007) (which directs the assessment of . . .

N. JACKSON, v. RYAN S FAMILY STEAK HOUSE, 27 So. 3d 90 (Fla. Dist. Ct. App. 2009)

. . . The JCC entered an order containing his analysis of the statutory factors in section 440.34(l)(a)-(f) . . . See § 440.34(l)-(3), Fla. Stat. (2002). . . . Section 440.34(l)(a), Florida Statutes (2002), mandates that, in assessing a reasonable fee, the JCC . . . See § 440.34(2), Fla. Stat. (2002). . . . See § 440.34(3)(b), Fla. . . .

A. SMITH, v. AMS STAFF LEASING, 29 So. 3d 1142 (Fla. Dist. Ct. App. 2009)

. . . Under section 440.34(3) and (3)(d), costs and attorney’s fees shall be taxed and awarded to the claimant . . .

HILLSBOROUGH COUNTY SHERIFF S OFFICE v. HILSMAN,, 23 So. 3d 743 (Fla. Dist. Ct. App. 2009)

. . . Section 440.34(3), Florida Statutes (2004), mandates that “[i]f any party should prevail in any proceeding . . .

E. ZALDIVAR, v. FLORIDA TRANSPORT INC. Co., 19 So. 3d 1093 (Fla. Dist. Ct. App. 2009)

. . . See generally § 440.34, Fla. Stat. . . .

ROSENTHAL, LEVY SIMON, P. A. v. SCOTT, Co., 17 So. 3d 872 (Fla. Dist. Ct. App. 2009)

. . . determined that in the 2003 revision of the workers’ compensation fee statute, particularly section 440.34 . . . See § 440.34(1), Fla. . . . See § 440.34(4), Fla. . . . See § 440.34(2), Fla. Stat. (1991); cf. § 440.34(2), Fla. . . . See 440.34(1), Fla. . . .

RICHARD E. ZALDIVAR, P. A. v. SHABOUN, Le, 19 So. 3d 397 (Fla. Dist. Ct. App. 2009)

. . . See § 440.34, Fla. Stat. (2002). . . . Section 440.34(2), Florida Statutes (2002) requires a judge of compensation claims, when awarding an . . .

M. KING, v. PARKER HANNIFIN CORPORATION, 17 So. 3d 785 (Fla. Dist. Ct. App. 2009)

. . . However, the issue of the Claimant’s entitlement to attorney’s fees under section 440.34(3)(d) remains . . . Section 440.34(3)(d) provides for entitlement to attorney's fees “[i]n cases where the claimant successfully . . .

CHANDLER, v. CENTEX ROONEY CONSTRUCTION COMPANY, 15 So. 3d 837 (Fla. Dist. Ct. App. 2009)

. . . He also requested attorneys’ fees pursuant to section 440.34(3)(a)-(d), Florida Statutes (2002). . . . Here,' Claimant’s request for fees was based on section 440.34(3)(a)-(d), Florida Statutes (2002). . . . Conversely, sections 440.34(1) and (2), Florida Statutes (2002), do provide the appropriate statutory . . . Thus, section 440.34(2), Florida Statutes (2002), could allow for a fee even if the attorney does not . . . By requesting attorneys’ fees pursuant to section 440.34(3)(a)-(d), Claimant failed to put e/c on notice . . .

DEMEDRANO, v. LABOR FINDERS OF TREASURE COAST, 8 So. 3d 498 (Fla. Dist. Ct. App. 2009)

. . . See § 440.34(1), Fla. Stat. (2003). . . . Thus, a retainer agreement in a workers’ compensation matter must comply with both sections 440.34 and . . . Here, the JCC reviewed sections 57.104 and 440.34(1), Florida Statutes, Loper, and Dayco Products, and . . . The change in section 440.34(1), Florida Statutes (2003), as it relates to attorney’s fees to be paid . . . earner "as provided by section 440.34(3)(a), (b), (c), or (d), the claimant is entitled to recover 'a . . .

T. CAPPS, v. INDUSTRIAL BLOWPIPE AND BROADSPIRE- TAMPA,, 8 So. 3d 466 (Fla. Dist. Ct. App. 2009)

. . . Claimant filed a motion for appellate attorney’s fees and costs pursuant to section 440.34(3)(a) and . . . Appellate attorney’s fees paid by an employer or carrier to a claimant are governed by section 440.34 . . . services rendered at the trial level or on appeal, is governed by subsections (1) and (2) of section 440.34 . . . See § 440.34(1), (2), Fla. Stat. (1983); Taylor, 397 So.2d at 1202. . . . See § 440.34(2), Fla. Stat. (1983). Consequently, the JCC’s order is affirmed. AFFIRMED. . . .

KALOUSTIAN, v. TAMPA ARMATURE WORKS, INC., 5 So. 3d 753 (Fla. Dist. Ct. App. 2009)

. . . Judge of Compensation Claims’ (JCC) award of costs to the Employer/Carrier (E/C) pursuant to section 440.34 . . . motions for summary final order, and in both motions asserted entitlement to costs pursuant to section 440.34 . . . both summary final order motions, and awarded the E/C costs payable by Claimant pursuant to section 440.34 . . . costs was error, because Claimant’s date of accident predates the October 1, 2003, version of section 440.34 . . . Thus, they cannot argue on appeal that the JCC was mistaken in basing her cost award on section 440.34 . . .

CHANCE, v. POLK COUNTY SCHOOL BOARD Co., 4 So. 3d 71 (Fla. Dist. Ct. App. 2009)

. . . failed to prevail in her claim, and instead awarded reasonable costs to the E/C pursuant to section 440.34 . . .

W. MOLINA, v. ALPHA STAFF GROUP, INC., 1 So. 3d 393 (Fla. Dist. Ct. App. 2009)

. . . Compensation Claims (JCC) awarding a fee in accordance with the statutory fee guideline set forth in section 440.34 . . .

R. MILES- YOUNG, v. STAFF MANAGEMENT SOLUTION, INC., 1 So. 3d 394 (Fla. Dist. Ct. App. 2009)

. . . Compensation Claims (JCC) awarding a fee in accordance with the statutory fee guideline set forth in section 440.34 . . . Murray teaches that the word “reasonable,” as used in section 440.34, means a fee amount must be determined . . .

JENNINGS, v. NATIONAL LINEN SERVICES, 995 So. 2d 1153 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 440.34(3)(a), Florida Statutes (1997), we affirm. . . . See § 440.34(3)(a), Fla. Stat. (1997); see also Creighton v. . . . See § 440.34(3)(a), Fla. Stat. (1997). . . . To award Claimant attorney’s fees, this Court would have to interpret section 440.34(3)(a) as holding . . .

COSTCO WHOLESALE CORPORATION v. ULETT,, 995 So. 2d 1016 (Fla. Dist. Ct. App. 2008)

. . . As this court recently held, the plain meaning of section 440.34(3), Florida Statutes, entitles the prevailing . . .

MURRAY, v. MARINER HEALTH ACE USA,, 994 So. 2d 1051 (Fla. 2008)

. . . case, challenges the constitutionality of the statute governing attorney fees in such cases, section 440.34 . . . See § 440.34(3), Fla. Stat. (2003). . . . Section 440.34, Florida Statutes (2003), governs attorney fees in workers’ compensation cases. . . . (3) was determined solely under the statutory formula in subsection 440.34(1). . . . See ch. 80-236, § 14, Laws of Fla.; § 440.34(3), Fla. Stat. (Supp.1980). . . .