Florida Statute 440.34 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.34 Attorney’s fees; costs.—

(1) A fee, gratuity, or other consideration may not be paid for a claimant in connection with any proceedings arising under this chapter, unless approved by the judge of compensation claims or court having jurisdiction over such proceedings. Any attorney’s fee approved by a judge of compensation claims for benefits secured on behalf of a claimant must equal to 20 percent of the first $5,000 of the amount of the benefits secured, 15 percent of the next $5,000 of the amount of the benefits secured, 10 percent of the remaining amount of the benefits secured to be provided during the first 10 years after the date the claim is filed, and 5 percent of the benefits secured after 10 years. The judge of compensation claims shall not approve a compensation order, a joint stipulation for lump-sum settlement, a stipulation or agreement between a claimant and his or her attorney, or any other agreement related to benefits under this chapter which provides for an attorney’s fee in excess of the amount permitted by this section. The judge of compensation claims is not required to approve any retainer agreement between the claimant and his or her attorney. The retainer agreement as to fees and costs may not be for compensation in excess of the amount allowed under this subsection or subsection (7).

(2) In awarding a claimant’s attorney’s fee, the judge of compensation claims shall consider only those benefits secured by the attorney. An attorney is not entitled to attorney’s fees for representation in any issue that was ripe, due, and owing and that reasonably could have been addressed, but was not addressed, during the pendency of other issues for the same injury. The amount, statutory basis, and type of benefits obtained through legal representation shall be listed on all attorney’s fees awarded by the judge of compensation claims. For purposes of this section, the term “benefits secured” does not include future medical benefits to be provided on any date more than 5 years after the date the claim is filed. In the event an offer to settle an issue pending before a judge of compensation claims, including attorney’s fees as provided for in this section, is communicated in writing to the claimant or the claimant’s attorney at least 30 days prior to the trial date on such issue, for purposes of calculating the amount of attorney’s fees to be taxed against the employer or carrier, the term “benefits secured” shall be deemed to include only that amount awarded to the claimant above the amount specified in the offer to settle. If multiple issues are pending before the judge of compensation claims, said offer of settlement shall address each issue pending and shall state explicitly whether or not the offer on each issue is severable. The written offer shall also unequivocally state whether or not it includes medical witness fees and expenses and all other costs associated with the claim.

(3) If any party should prevail in any proceedings before a judge of compensation claims or court, there shall be taxed against the nonprevailing party the reasonable costs of such proceedings, not to include attorney’s fees. A claimant is responsible for the payment of her or his own attorney’s fees, except that a claimant is entitled to recover an attorney’s fee in an amount equal to the amount provided for in subsection (1) or subsection (7) from a carrier or employer:

(a) Against whom she or he successfully asserts a petition for medical benefits only, if the claimant has not filed or is not entitled to file at such time a claim for disability, permanent impairment, wage-loss, or death benefits, arising out of the same accident;

(b) In any case in which the employer or carrier files a response to petition denying benefits with the Office of the Judges of Compensation Claims and the injured person has employed an attorney in the successful prosecution of the petition;

(c) In a proceeding in which a carrier or employer denies that an accident occurred for which compensation benefits are payable, and the claimant prevails on the issue of compensability; or

(d) In cases where the claimant successfully prevails in proceedings filed under s. 440.24 or s. 440.28.

Regardless of the date benefits were initially requested, attorney’s fees shall not attach under this subsection until 30 days after the date the carrier or employer, if self-insured, receives the petition.

(4) In such cases in which the claimant is responsible for the payment of her or his own attorney’s fees, such fees are a lien upon compensation payable to the claimant, notwithstanding s. 440.22.

(5) If any proceedings are had for review of any claim, award, or compensation order before any court, the court may award the injured employee or dependent an attorney’s fee to be paid by the employer or carrier, in its discretion, which shall be paid as the court may direct.

(6) A judge of compensation claims may not enter an order approving the contents of a retainer agreement that permits placing any portion of the employee’s compensation into an escrow account until benefits have been secured.

(7) If an attorney’s fee is owed under paragraph (3)(a), the judge of compensation claims may approve an alternative attorney’s fee not to exceed $1,500 only once per accident, based on a maximum hourly rate of $150 per hour, if the judge of compensation claims expressly finds that the attorney’s fee amount provided for in subsection (1), based on benefits secured, fails to fairly compensate the attorney for disputed medical-only claims as provided in paragraph (3)(a) and the circumstances of the particular case warrant such action.

History.—s. 34, ch. 17481, 1935; CGL 1936 Supp. 5966(34), 8135(11); s. 11, ch. 20672, 1941; ss. 17, 35, ch. 69-106; s. 365, ch. 71-136; s. 119, ch. 71-355; s. 18, ch. 75-209; s. 9, ch. 77-290; ss. 10, 23, ch. 78-300; ss. 27, 124, ch. 79-40; ss. 15, 21, ch. 79-312; s. 14, ch. 80-236; s. 12, ch. 83-305; s. 4, ch. 86-171; ss. 19, 43, ch. 89-289; ss. 29, 56, ch. 90-201; ss. 27, 52, ch. 91-1; s. 32, ch. 91-46; s. 3, ch. 91-47; s. 252, ch. 91-224; s. 34, ch. 93-415; s. 120, ch. 97-103; s. 21, ch. 2001-91; s. 13, ch. 2002-236; s. 26, ch. 2003-412; s. 1, ch. 2009-94.

F.S. 440.34 on Google Scholar

F.S. 440.34 on CourtListener

Amendments to 440.34

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 440.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

S440.34 - GRATUITY - REMOVED - M: S

Cases Citing Statute 440.34

Total Results: 645

Standard Guar. Ins. Co. v. Quanstrom

555 So. 2d 828, 1990 WL 3840

Supreme Court of Florida | Filed: Jan 11, 1990 | Docket: 1246425

Cited 192 times | Published

108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). [7] See § 440.34, Fla. Stat. (1987). [8] § 73.091, Fla. Stat.

FLA. ERECTION SERV. INC. v. McDonald

395 So. 2d 203

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 1317189

Cited 48 times | Published

hearing was held pursuant to the requirements of Section 440.34(2)(b) for the sole purpose of determining liability

Holiday Care Center v. Scriven

418 So. 2d 322

District Court of Appeal of Florida | Filed: Aug 2, 1982 | Docket: 1288736

Cited 28 times | Published

the claim. That is the necessary effect of section 440.34(5), which is juxtaposed to the statutory criteria

Crittenden Orange Blossom Fruit v. Stone

514 So. 2d 351, 12 Fla. L. Weekly 463, 1987 Fla. LEXIS 2277

Supreme Court of Florida | Filed: Sep 10, 1987 | Docket: 1466881

Cited 27 times | Published

present attorney's fees provisions found in section 440.34, Florida Statutes (1983), reflect a recognition

In Re Estate of Platt

586 So. 2d 328, 16 Fla. L. Weekly Supp. 640, 1991 Fla. LEXIS 1701, 1991 WL 195849

Supreme Court of Florida | Filed: Oct 3, 1991 | Docket: 1742614

Cited 23 times | Published

compensation cases where fees are governed by section 440.34, Florida Statutes (1987), the lodestar approach

Sohn v. Brockington

371 So. 2d 1089

District Court of Appeal of Florida | Filed: Jun 13, 1979 | Docket: 2516302

Cited 22 times | Published

workmen's compensation claim as required by Section 440.34, Florida Statutes (1977), in essence discounted

Murray v. Mariner Health

994 So. 2d 1051, 2008 WL 4659381

Supreme Court of Florida | Filed: Oct 23, 2008 | Docket: 1666683

Cited 21 times | Published

statute governing attorney fees in such cases, section 440.34, Florida Statutes (2003). In Murray v. Mariners

Great American Indemnity Company v. Williams

85 So. 2d 619

Supreme Court of Florida | Filed: Feb 22, 1956 | Docket: 1290710

Cited 21 times | Published

claimants' attorneys. He concluded that under Section 440.34, F.S., F.S.A., attorneys for the successful

Ohio Cas. Group v. Parrish

350 So. 2d 466

Supreme Court of Florida | Filed: Sep 29, 1977 | Docket: 1715727

Cited 20 times | Published

fees pursuant to Fla.App. Rule 3.16(e) and Section 440.34(1), Florida Statutes (1975). The district court

Stone v. Jeffres

208 So. 2d 827

Supreme Court of Florida | Filed: Apr 3, 1968 | Docket: 1729569

Cited 20 times | Published

this case were specifically authorized by F.S. Section 440.34(1), F.S.A., since the claim was controverted

Layne Atlantic Co. v. Scott

415 So. 2d 837

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 176500

Cited 19 times | Published

awarding Scott an attorney's fee pursuant to Section 440.34(2)(b), Florida Statutes (1979). We agree in

Rhaney v. Dobbs House, Inc.

415 So. 2d 1277

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 459209

Cited 19 times | Published

1979 amendments and before the 1980 amendments to § 440.34, Fla. Stat. See Lehigh Corp. v. Byrd, 397 So.2d

Four Quarters Habitat, Inc. v. Miller

405 So. 2d 475

District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 1703982

Cited 19 times | Published

of claimant's counsel since the new statute, Section 440.34(2), Florida Statutes (1979), permits fees in

Rivera v. Deauville Hotel, Employers Service Corp.

277 So. 2d 265

Supreme Court of Florida | Filed: May 2, 1973 | Docket: 2512381

Cited 19 times | Published

v. Jeffres, 208 So.2d 827 (Fla. 1968). F.S. Section 440.34(1), F.S.A., does permit an award of attorney

Martin Marietta Corp. v. Glumb

523 So. 2d 1190, 1988 WL 27801

District Court of Appeal of Florida | Filed: Mar 25, 1988 | Docket: 1517232

Cited 16 times | Published

the services provided by claimant's attorney. Section 440.34, Florida Statutes, embodies legislative intent

Bruck v. Glen Johnson, Inc.

418 So. 2d 1209

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 1231486

Cited 15 times | Published

must be reversed, as this court has held that Section 440.34, Florida Statutes, does not permit an award

Ardmore Farms, Inc. v. Squires

395 So. 2d 268

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 1317308

Cited 15 times | Published

own attorney's fees. It is argued that under Section 440.34(2)(c), Florida Statutes (1979), claimant is

Sheridan v. Greenberg

391 So. 2d 234

District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 1173781

Cited 15 times | Published

fees section of the Workmen's Compensation Act, § 440.34, Fla. Stat. (1975), cannot provide the basis for

William T. Connolly and Lizabeth v. Connolly v. Maryland Casualty Company

849 F.2d 525, 1988 U.S. App. LEXIS 9562, 1988 WL 63967

Court of Appeals for the Eleventh Circuit | Filed: Jul 13, 1988 | Docket: 1363341

Cited 14 times | Published

handling a claim. See Fla.Stat.Ann. § 440.34(3)(b). But the deputy commissioner had the authority

Mylock v. Champion Intern.

906 So. 2d 363, 2005 WL 1660710

District Court of Appeal of Florida | Filed: Jul 18, 2005 | Docket: 1774946

Cited 13 times | Published

to pay claimant's attorney fees, pursuant to section 440.34(3)(b), Florida Statutes (1989),[3] despite

Russell Corp. v. Brooks

698 So. 2d 1334, 1997 WL 564204

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 1524276

Cited 13 times | Published

filing practices, and attorney's fees under section 440.34(3), Florida Statutes (Supp.1994), particularly

Southern Bakeries v. Cooper

659 So. 2d 339, 1995 WL 155374

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 1462852

Cited 13 times | Published

Contracting, 588 So.2d 307 (Fla. 1st DCA 1991); § 440.34(3), Fla. Stat. (1991); see also § 440.31, Fla

Sanlando Utility Corp. v. Morris

418 So. 2d 389

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 1289398

Cited 13 times | Published

remedial care, and attorney's fees pursuant to Section 440.34(2)(c), Florida Statutes (1979). Because all

Lehigh Corp. v. Byrd

397 So. 2d 1202

District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 1357109

Cited 13 times | Published

after the effective date of the 1979 amendments to § 440.34, Fla. Stat. Prior to those amendments, the authority

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

establishes penalties for late payments. Pursuant to section 440.34(3), Florida Statutes (2000), a claimant can

What an Idea, Inc. v. Sitko

505 So. 2d 497, 12 Fla. L. Weekly 938

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 1500502

Cited 12 times | Published

"fee customarily charged" in the locality (section 440.34(1)(c), Florida Statutes) is the statutorily

Ship Shape v. Taylor

397 So. 2d 1199

District Court of Appeal of Florida | Filed: May 7, 1981 | Docket: 1357440

Cited 12 times | Published

after the effective date of the 1979 amendments to § 440.34, Fla. Stat. Prior to those amendments, the authority

Boulis v. Florida Dept. of Transp.

733 So. 2d 959, 24 Fla. L. Weekly Supp. 150, 1999 Fla. LEXIS 509, 1999 WL 199489

Supreme Court of Florida | Filed: Apr 1, 1999 | Docket: 1188897

Cited 11 times | Published

determined. We held in the negative, finding that section 440.34(1), Florida Statutes (1997), precluded the

Bill's Equipment and Rentals v. Teel

498 So. 2d 536, 11 Fla. L. Weekly 2448

District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 1335569

Cited 11 times | Published

of that amount pursuant to the provisions of section 440.34(1), Florida Statutes (1978), in effect when

Dolphin Tire Co. v. Ellison

402 So. 2d 36

District Court of Appeal of Florida | Filed: Jul 29, 1981 | Docket: 1313164

Cited 11 times | Published

claimant a reasonable attorney's fee pursuant to Section 440.34(2)(c), Florida Statutes (1979). We affirm.

Okaloosa County Gas Dist. v. Mandel

394 So. 2d 453, 1981 Fla. App. LEXIS 19540

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 1692322

Cited 11 times | Published

slightly from the statutory formula set forth in Section 440.34,[1] Florida Statutes (1977) because there was

City of Miami Beach v. Schiffman

144 So. 2d 799

Supreme Court of Florida | Filed: Sep 14, 1962 | Docket: 1784005

Cited 11 times | Published

that an attorney's fee should be allowed under Section 440.34(1), F.S.A. because the City had failed to pay

AB Taff & Sons v. Clark

110 So. 2d 428

District Court of Appeal of Florida | Filed: Mar 24, 1959 | Docket: 1409930

Cited 11 times | Published

the award of the mentioned attorney's fees. Section 440.34(1), Florida Statutes, F.S.A., provides: "If

Morris v. Dollar Tree Store

869 So. 2d 704, 2004 WL 726815

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 1653910

Cited 10 times | Published

statutory specifications, namely, those in section 440.34, relating to the factors to be considered in

Rivers v. SCA Services of Florida, Inc.

488 So. 2d 873, 11 Fla. L. Weekly 1106

District Court of Appeal of Florida | Filed: May 13, 1986 | Docket: 1685434

Cited 10 times | Published

in excess of the fee schedule contained in section 440.34, Florida Statutes (1983), and awarded $1,500

United States Steel Corp. v. Green

353 So. 2d 86

Supreme Court of Florida | Filed: Dec 8, 1977 | Docket: 424302

Cited 10 times | Published

cases are, of course, required to be "reasonable". § 440.34(1), Fla. Stat. (1975). In an affidavit submitted

Davis v. Edwin M. Green, Inc.

240 So. 2d 4

Supreme Court of Florida | Filed: Oct 7, 1970 | Docket: 450420

Cited 10 times | Published

made, and no fees were entitled under Fla. Stat. § 440.34(1), F.S.A. Employer contended *5 it commenced

Wick Roofing Company v. Curtis

110 So. 2d 385

Supreme Court of Florida | Filed: Apr 3, 1959 | Docket: 1409582

Cited 10 times | Published

the appellate level. The statute involved is Section 440.34 (1), Florida Statutes, F.S.A., which reads

Sun Insurance Company v. Boyd

105 So. 2d 574

Supreme Court of Florida | Filed: Oct 10, 1958 | Docket: 1542656

Cited 10 times | Published

application for the writ in such circumstances. F.S. § 440.34, F.S.A., reads in part as follows: "(1) * * *

Balatsos v. Nebraska Avenue Cafe & Liquor Store

30 So. 2d 633, 159 Fla. 71, 1947 Fla. LEXIS 683

Supreme Court of Florida | Filed: Jun 6, 1947 | Docket: 3275758

Cited 10 times | Published

circumstances, be assessed against the carrier under Section 440.34, F. S. 1941 (same F.S.A.)? We feel that a carrier

Lundy v. FOUR SEASONS OCEAN GRAND PALM BCH.

932 So. 2d 506, 2006 WL 1675075

District Court of Appeal of Florida | Filed: Jun 20, 2006 | Docket: 1285483

Cited 9 times | Published

permitted by section 440.34(1), Florida Statutes (2004), and approving a fee permitted by section 440.34(1). On

Mitchell v. Sunshine Companies

850 So. 2d 632, 2003 WL 21704426

District Court of Appeal of Florida | Filed: Jul 24, 2003 | Docket: 1783572

Cited 9 times | Published

his request for an attorney's fee award under section 440.34(3)(b), Florida Statutes. As the claimant asserts

Mitchell v. Sunshine Companies

850 So. 2d 632, 2003 WL 21704426

District Court of Appeal of Florida | Filed: Jul 24, 2003 | Docket: 1783572

Cited 9 times | Published

his request for an attorney's fee award under section 440.34(3)(b), Florida Statutes. As the claimant asserts

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

establishes penalties for late payments. Pursuant to section 440.34(3), Florida Statutes (2000), a claimant can

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

establishes penalties for late payments. Pursuant to section 440.34(3), Florida Statutes (2000), a claimant can

Michels v. Orange County Fire/Rescue

819 So. 2d 158, 2002 WL 649354

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1750110

Cited 9 times | Published

the benefits secured *161 by his attorney. See § 440.34(2), Fla. Stat. (1997); see also Wiseman v. AT

North River Ins. Co. v. Wuelling

683 So. 2d 1090, 1996 WL 668438

District Court of Appeal of Florida | Filed: Nov 19, 1996 | Docket: 466153

Cited 9 times | Published

compensation within seven days after it becomes due. Section 440.34(3) provides for payment of the claimant's attorney

Haas v. Seekell

538 So. 2d 1333, 1989 WL 12384

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 472450

Cited 9 times | Published

to attorney's fees based on bad faith under Section 440.34(3)(b), Florida Statutes (1983)[2] must be specifically

Sealey Mattress Co. v. Gause

466 So. 2d 399, 10 Fla. L. Weekly 801

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 438526

Cited 9 times | Published

attorney's fees on its authorization. See, Section 440.34(3)(a), Florida Statutes (1981). AFFIRMED. JOANOS

Florida Power & Light Co. v. Haycraft

421 So. 2d 674, 1982 Fla. App. LEXIS 21557

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1372212

Cited 9 times | Published

into consideration all the factors set forth in § 440.34, Fla. Stat., Lee Engineering & Construction Co

Orange County v. Sealy

412 So. 2d 25

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1525951

Cited 9 times | Published

affirmed. However, neither section 440.39(3)(a) or section 440.34(1) authorize attorney's *27 fees for work done

Sam Rogers Enterprises v. Williams

401 So. 2d 1388

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1289753

Cited 9 times | Published

pay the claimant's attorney's fees pursuant to § 440.34(2)(b), Florida Statutes (1979).[1] The employer/carrier

Brevard County School Bd. v. Walters

396 So. 2d 1197

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1732068

Cited 9 times | Published

the percentage-of-benefits formula enacted in Section 440.34, Florida Statutes (1979). By Lee Engineering

Southern Bell Tel. & Tel. Co. v. Rollins

390 So. 2d 93, 1980 Fla. App. LEXIS 18078

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 1750250

Cited 9 times | Published

the application of the numerical schedule in Section 440.34, Fla. Stat. (1977), the only issue remaining

Florida Silica Sand Co. v. Parker

118 So. 2d 2

Supreme Court of Florida | Filed: Feb 12, 1960 | Docket: 467535

Cited 9 times | Published

fixing attorneys' fees in matters of this kind. Section 440.34, Florida Statutes, F.S.A. is somewhat unusual

Lockett v. Smith

72 So. 2d 817, 1954 Fla. LEXIS 1462

Supreme Court of Florida | Filed: May 21, 1954 | Docket: 456674

Cited 9 times | Published

but refused to grant an attorney's fee under Section 440.34, Florida Statutes, F.S.A., for services rendered

Petty v. Florida Insurance Guaranty Ass'n

80 So. 3d 313, 37 Fla. L. Weekly Supp. 34, 2012 Fla. LEXIS 72, 2012 WL 143605

Supreme Court of Florida | Filed: Jan 19, 2012 | Docket: 60305694

Cited 8 times | Published

entered against the insured employer under section 440.34, Florida Statutes (2008). Specifically, section

B & L Services, Inc. v. Coach USA

791 So. 2d 1138, 2001 WL 672048

District Court of Appeal of Florida | Filed: Jun 18, 2001 | Docket: 1655769

Cited 8 times | Published

claimant an entitlement to attorney's fees. See § 440.34, Fla. Stat. (1995). However, as with the compensation

Fumigation Dept. v. Pearson

559 So. 2d 587, 1989 WL 104000

District Court of Appeal of Florida | Filed: Sep 6, 1989 | Docket: 1517147

Cited 8 times | Published

because we have the guideline fee schedule in Section 440.34, F.S. The undersigned Deputy Commissioner has

OAK CONST. CO. v. Jackson

522 So. 2d 1068, 1988 WL 31705

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 1192007

Cited 8 times | Published

motion for appellate attorney's fees pursuant to section 440.34(5) is granted, and we remand to the deputy

Polote Corp. v. Meredith

482 So. 2d 515, 11 Fla. L. Weekly 263

District Court of Appeal of Florida | Filed: Jan 23, 1986 | Docket: 1769692

Cited 8 times | Published

securing the permanent total disability benefits. Section 440.34(3)(c), *517 Florida Statutes (1981) provided

City of Tampa v. Fein

438 So. 2d 442, 1983 Fla. App. LEXIS 21801

District Court of Appeal of Florida | Filed: Sep 19, 1983 | Docket: 1446152

Cited 8 times | Published

was entitled to attorney's fees pursuant to Section 440.34(3)(b), Florida Statutes (1981); the third,

Spitzer v. Bartlett Bros. Roofing

437 So. 2d 758

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1257219

Cited 8 times | Published

deputy's denial of attorney's fees to claimant under § 440.34(2)(b), Florida Statutes (1979), on grounds of

City of Venice v. Valente

429 So. 2d 1241

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670

Cited 8 times | Published

abate nuisances); § 61.16 (divorce proceedings); § 440.34 (workers' compensation proceedings); § 627.428

City of Venice v. Valente

429 So. 2d 1241

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670

Cited 8 times | Published

abate nuisances); § 61.16 (divorce proceedings); § 440.34 (workers' compensation proceedings); § 627.428

EMBRY-RIDDLE AERONAUTICAL v. Vestal

399 So. 2d 1033

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1652334

Cited 8 times | Published

Continue. On appeal, appellant urges that under Section 440.34(2)(b) entitlement to attorney's fees based

Thompson v. WT Edwards Tuberculosis Hospital

164 So. 2d 13

Supreme Court of Florida | Filed: May 13, 1964 | Docket: 1724354

Cited 8 times | Published

findings of the doctor as to the extent thereof. Section 440.34(1), Florida Statutes, F.S.A., authorizes the

Thompson v. WT Edwards Tuberculosis Hospital

164 So. 2d 13

Supreme Court of Florida | Filed: May 13, 1964 | Docket: 1724354

Cited 8 times | Published

findings of the doctor as to the extent thereof. Section 440.34(1), Florida Statutes, F.S.A., authorizes the

Franco v. SCI AT PALMER CLUB AT PRESTANCIA

989 So. 2d 709, 2008 WL 3911815

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1665220

Cited 7 times | Published

by the employer/servicing agent (e/sa) under section 440.34(3)(b), Florida Statutes (2006). We find the

Rivendell of Ft. Walton v. Petway

833 So. 2d 292, 2002 WL 31887694

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 1259009

Cited 7 times | Published

Claimant was awarded attorney's fees under section 440.34(c), Florida Statutes (1995). Claimant moved

Prestressed Systems v. Goff

486 So. 2d 1378, 11 Fla. L. Weekly 906

District Court of Appeal of Florida | Filed: Apr 16, 1986 | Docket: 1406469

Cited 7 times | Published

well as other relevant factors required by Section 440.34, Florida Statutes. Specifically it is urged

Fiesta Fashions, Inc. v. Capin

450 So. 2d 1128

District Court of Appeal of Florida | Filed: Mar 19, 1984 | Docket: 1434104

Cited 7 times | Published

issue of the amount of the attorney's fees. Section 440.34, Florida Statutes (1979), contains a sliding

Great Dane Trailers v. Flis

435 So. 2d 931

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328487

Cited 7 times | Published

claimant's counsel, as awarded by the deputy. Section 440.34(3)(c) provides: "In a proceeding where a carrier

M. Serra Corp. v. Garcia

426 So. 2d 1118

District Court of Appeal of Florida | Filed: Feb 3, 1983 | Docket: 1283320

Cited 7 times | Published

performing the legal service for the claimant. Section 440.34(1)(a), Florida Statutes (1981); Brevard County

Khoury v. Carvel Homes South, Inc.

403 So. 2d 1043

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 1672776

Cited 7 times | Published

Keyfetz seek the deputy's approval as required by § 440.34(1), Florida Statutes (1979),[1] before reimbursement

Walt Disney World Co. v. May

397 So. 2d 1003, 1981 Fla. App. LEXIS 19723

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 2575196

Cited 7 times | Published

18, 1980 and an attorney's fee pursuant to Section 440.34(2)(c), Florida Statutes (1979). Walt Disney

City of Leesburg v. Padgett

397 So. 2d 732

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1356896

Cited 7 times | Published

Fellows, 209 So.2d 454 (Fla. 1968). Although Section 440.34, Florida Statutes (1977) sets forth a percentage

Florida Ins. Guar. Ass'n v. Gustinger

390 So. 2d 420

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1532311

Cited 7 times | Published

fees in the rule nisi proceeding pursuant to Section 440.34(1), Fla. Stat. (1977). Steele v. A.D.H. Building

Samaha v. State

389 So. 2d 639

Supreme Court of Florida | Filed: Oct 16, 1980 | Docket: 1281968

Cited 7 times | Published

attorney, assails the constitutionality of section 440.34(5)(a), Florida Statutes (1977).[1] Art. V.

East Coast Tire Co. v. Denmark

381 So. 2d 336

District Court of Appeal of Florida | Filed: Mar 25, 1980 | Docket: 1716655

Cited 7 times | Published

impression and requires judicial construction of § 440.34, Fla. Stat. (1979). Claimant was injured on September

Wood v. Florida Rock Industries

929 So. 2d 542, 2006 WL 317017

District Court of Appeal of Florida | Filed: May 25, 2006 | Docket: 1726887

Cited 6 times | Published

awards. The first entitlement was pursuant to section 440.34(3)(b), Florida Statutes, which requires a "reasonable"

Wood v. Florida Rock Industries

929 So. 2d 542, 2006 WL 317017

District Court of Appeal of Florida | Filed: May 25, 2006 | Docket: 1726887

Cited 6 times | Published

awards. The first entitlement was pursuant to section 440.34(3)(b), Florida Statutes, which requires a "reasonable"

Stolzer v. Magic Tilt Trailer, Inc.

878 So. 2d 437, 2004 WL 1531427

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 419601

Cited 6 times | Published

Judge of Compensation Claims determining that section 440.34(3), Florida Statutes (2002)[1] retroactively

Alderman v. Florida Plastering

805 So. 2d 1097, 2002 WL 181093

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1669533

Cited 6 times | Published

presumptive fee computed by the formula in section 440.34(1), Florida Statutes. Because there were no

McDONALD'S RESTAURANT v. Montes

736 So. 2d 768, 1999 WL 454456

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1736633

Cited 6 times | Published

operated as a denial. Therefore, pursuant to section 440.34(3)(b), Florida Statutes (1995), which authorizes

Soriano v. Gold Coast Aerial Lift, Inc.

705 So. 2d 636, 1998 Fla. App. LEXIS 886, 1998 WL 17045

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1753698

Cited 6 times | Published

Subsequently, Soriano sought attorney's fees under section 440.34(3)(b), Florida Statutes (1995),[1] which the

Gassner v. Bechtel Const.

702 So. 2d 548, 1997 WL 694960

District Court of Appeal of Florida | Filed: Nov 10, 1997 | Docket: 1513310

Cited 6 times | Published

amounts and in the same manner as provided for in Section 440.34 of the Florida Statutes, subject to the approval

Cheung v. Executive China Doral, Inc.

638 So. 2d 82, 1994 WL 68861

District Court of Appeal of Florida | Filed: Mar 8, 1994 | Docket: 1652629

Cited 6 times | Published

1990) (declining to apply Rowe where statute, section 440.34(1), enumerates guidelines for setting the fee)

Smith v. US Sugar Corporation

624 So. 2d 315, 1993 WL 328477

District Court of Appeal of Florida | Filed: Aug 30, 1993 | Docket: 475658

Cited 6 times | Published

A finding of bad faith is warranted under Section 440.34(3)(b), Florida Statutes (1987), if the claimant

CRITTENDEN ORANGE BLOSSOM v. Stone

492 So. 2d 1106, 11 Fla. L. Weekly 1629

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1486098

Cited 6 times | Published

attorney's fees could not be established under section 440.34(3)(c) since, they assert, the E/C never denied

Davis v. Keeto, Inc.

463 So. 2d 368, 10 Fla. L. Weekly 173

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 448953

Cited 6 times | Published

well as to all other factors enumerated in Section 440.34, Florida Statutes, and that this determination

DEPT. OF LABOR & EMPLOYMENT SEC. v. Am. Bldg. Main.

449 So. 2d 932

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 1325284

Cited 6 times | Published

not the prevailing party as contemplated by Section 440.34(3), Florida Statutes. The Department timely

Winter Garden Citrus v. Parrish

438 So. 2d 472

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1446361

Cited 6 times | Published

awarding claimant attorney's fees pursuant to Section 440.34(2)(b), Florida Statutes (1979). We reverse

Randell, Inc. v. Chism

404 So. 2d 175

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782640

Cited 6 times | Published

fees or costs to be borne by the appellants. See § 440.34(2)(a)-(c), Fla. Stat. The Deputy's Order is reversed

Solar Research Corporation v. Parker

221 So. 2d 138

Supreme Court of Florida | Filed: Apr 2, 1969 | Docket: 1664102

Cited 6 times | Published

Stat. § 627.0127 (1967), F.S.A. [8] Fla. Stat. § 440.34 (1967), F.S.A. [9] Fla. Stat. §§ 734.01, 737

Robinson v. Howard Hall Company

219 So. 2d 688

Supreme Court of Florida | Filed: Mar 5, 1969 | Docket: 1352324

Cited 6 times | Published

claimant's attorney is entitled to a fee under Section 440.34. I find that a reasonable fee for the claimant's

Steele v. ADH Building Contractors, Inc.

196 So. 2d 430

Supreme Court of Florida | Filed: Feb 22, 1967 | Docket: 1710461

Cited 6 times | Published

the order of the full Commission. *432 F.S. Section 440.34(1), F.S.A., provides in part: "(1) If the employer

Castellanos v. Next Door Co.

124 So. 3d 392, 2013 WL 5744449, 2013 Fla. App. LEXIS 16898

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235472

Cited 5 times | Published

Constrained by the statutory formula set forth in section 440.34(1), Florida Statutes (2009), the judge of compensation

Demedrano v. Labor Finders of the Treasure Coast

8 So. 3d 498, 2009 Fla. App. LEXIS 5009, 2009 WL 1313223

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1654566

Cited 5 times | Published

limited to a percentage of the benefits secured. See § 440.34(1), Fla. Stat. (2003).[1] A JCC "shall not approve

Kraft Dairy Group v. Sorge

634 So. 2d 720, 1994 WL 88870

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 1737619

Cited 5 times | Published

The fee statute applicable to this case is section 440.34, Florida Statutes (1981). The judge of compensation

Fawaz v. Florida Polymers

622 So. 2d 492, 1993 WL 255549

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 2555802

Cited 5 times | Published

issue. See § 440.20, Fla. Stat. (Supp. 1988); § 440.34, Fla. Stat. (1987). I see little justice in punishing

City of Miami v. Burnett

596 So. 2d 478, 1992 Fla. App. LEXIS 3536, 1992 WL 59200

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1707705

Cited 5 times | Published

court cites as authority for attorney fees section 440.34(5), Florida Statutes (1980), although the date

McArthur Farms v. Peterson

586 So. 2d 1273, 1991 WL 193137

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 1742447

Cited 5 times | Published

Guettler & Sons, 450 So.2d 1267 (Fla. 1st DCA 1984); § 440.34(3), Fla. Stat. The general rule prevails notwithstanding

Jones v. Citrus Cent., Inc.

537 So. 2d 1123, 1989 WL 8329

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 1522540

Cited 5 times | Published

claimant having prevailed thereon on this appeal. Section 440.34(3)(c), Fla. Stat. (1987); Manley v. Bennett's

Barr v. Pantry Pride

518 So. 2d 1309, 1987 WL 3191

District Court of Appeal of Florida | Filed: Dec 21, 1987 | Docket: 1767024

Cited 5 times | Published

based on the statutory guideline fee formula in section 440.34(1), Florida Statutes (1985),[1] by determining

G & a BLDG. MAINTENANCE v. Makuski

510 So. 2d 1074, 12 Fla. L. Weekly 1831

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1588170

Cited 5 times | Published

compensation order awarding attorney fees under section 440.34, Florida Statutes (1983), the employer and

Samurai of the Falls, Inc. v. Sul

509 So. 2d 359, 12 Fla. L. Weekly 1462

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 1362583

Cited 5 times | Published

awarding bad faith attorney's fees pursuant to Section 440.34(3)(b), Florida Statutes (1981). We affirm in

Grafton v. Sacred Heart Hosp.

504 So. 2d 537, 12 Fla. L. Weekly 891, 1987 Fla. App. LEXIS 7418

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 453234

Cited 5 times | Published

attorney's fees under the bad faith provision of Section 440.34(3)(b), Florida Statutes. In an order dated

Arnold Lumber Co. v. Harris

503 So. 2d 925, 12 Fla. L. Weekly 532

District Court of Appeal of Florida | Filed: Feb 16, 1987 | Docket: 1452772

Cited 5 times | Published

DCA 1980). The award of attorney's fees under section 440.34(3)(c), Florida Statutes *927 (Supp. 1980),

Special Disab. Trust Fund v. Robbins Mfg Co.

484 So. 2d 54

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344304

Cited 5 times | Published

payment in a claim for attorney's fees under Section 440.34, Florida Statutes (1975). In deciding that

Champlain Towers v. Dudley

481 So. 2d 532, 11 Fla. L. Weekly 130

District Court of Appeal of Florida | Filed: Jan 3, 1986 | Docket: 1529269

Cited 5 times | Published

1983), permits an award under the provision of § 440.34, Florida Statutes, for a fee when employer/carrier

WFTL Broadcasting Co. v. Rowen

480 So. 2d 233, 11 Fla. L. Weekly 77

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 1220479

Cited 5 times | Published

review of an attorney's fee awarded pursuant to § 440.34(1), Florida Statutes (1978). We find that no point

WFTL Broadcasting Co. v. Rowen

480 So. 2d 233, 11 Fla. L. Weekly 77

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 1220479

Cited 5 times | Published

review of an attorney's fee awarded pursuant to § 440.34(1), Florida Statutes (1978). We find that no point

Veterans Septic Tank Service v. Wallace

445 So. 2d 389

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1287507

Cited 5 times | Published

court has interpreted the language contained in section 440.34(3)(b), Florida Statutes (1980), as not requiring

Threat v. Rogers

443 So. 2d 149

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 1458366

Cited 5 times | Published

attorney a fee under the "bad faith" provision of Section 440.34(3), Florida Statutes. Within the 30-day period

BP CONST., INC. v. Garcia

440 So. 2d 76, 1983 Fla. App. LEXIS 24079

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 1728454

Cited 5 times | Published

assessed according to the schedule set out in Section 440.34(1), providing a fee which is a percentage of

Genelus v. Boran, Craig, Schreck Const. Co.

438 So. 2d 964

District Court of Appeal of Florida | Filed: Oct 6, 1983 | Docket: 1446111

Cited 5 times | Published

not been approved by the deputy commissioner. Section 440.34(6), Florida Statutes (1981). Therefore, it

Ardmore Farms v. Smith

423 So. 2d 1039

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 544622

Cited 5 times | Published

which she may be entitled under the statute. Section 440.34(3)(b), Florida Statutes (1981). The original

EXCEPTIONAL CHILDREN'S HOME, ETC. v. Fortuna

414 So. 2d 1130

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 1358706

Cited 5 times | Published

awarding claimant attorney's fees pursuant to Section 440.34(2), Florida Statutes (1979). The deputy commissioner

Roundtree Transport, Inc. v. Godek

412 So. 2d 66

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 1525904

Cited 5 times | Published

excessive and violates Florida Statute 440.34 (1980). We agree and REVERSE. Section 440.34 provides the deputy

Bailey v. Hawes Chrysler-Plymouth

410 So. 2d 986

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1518532

Cited 5 times | Published

his recovery of additional medical benefits. Section 440.34(2)(a), Fla. Stat. (1979) provides that the

Clay Hyder Truck Lines v. Atherton

400 So. 2d 1295

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 1263543

Cited 5 times | Published

not timely accepted within 21 days pursuant to § 440.34, Florida Statutes (1975). Appellant also contends

Colvin v. State, Department of Transportation

311 So. 2d 366

Supreme Court of Florida | Filed: Mar 12, 1975 | Docket: 1776465

Cited 5 times | Published

IRC. Now as to the facts sub judice. Fla. Stat. § 440.34(1) makes the employer liable for attorney's fees

Moore v. Hillsborough County School Bd.

987 So. 2d 1288, 2008 Fla. App. LEXIS 13581, 2008 WL 3861365

District Court of Appeal of Florida | Filed: Aug 21, 2008 | Docket: 1724138

Cited 4 times | Published

when deciding whether the factors listed in section 440.34(1), Florida Statutes (1994), were sufficient

PALM BEACH COUNTY SCHOOL DIST. v. Ferrer

990 So. 2d 13, 2008 WL 2951652

District Court of Appeal of Florida | Filed: Aug 4, 2008 | Docket: 1688279

Cited 4 times | Published

917 So.2d 1024, 1029 (Fla. 1st DCA 2006). Section 440.34(3), Florida Statutes (2006), states, "If any

Campbell v. ARAMARK & SPECIALITY RISK SERV.

933 So. 2d 1255, 2006 Fla. App. LEXIS 12242, 2006 WL 2040407

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 1711925

Cited 4 times | Published

Campbell challenges the JCC's determination that section 440.34, Florida Statutes, as amended in 2003, precludes

Eastern Industries, Inc. v. Burnham

750 So. 2d 748, 2000 WL 126351

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 1736526

Cited 4 times | Published

Burnham was entitled to PTD benefits, pursuant to section 440.34(f), Florida Statutes (1994), see City of Pensacola

DEPARTMENT OF CHILDREN & FAM. v. Monroe

744 So. 2d 1163, 1999 WL 982959

District Court of Appeal of Florida | Filed: Nov 1, 1999 | Docket: 2539504

Cited 4 times | Published

findings of bad faith at a separate hearing. See § 440.34, Fla. Stat. (1987). But the order does not set

Lee v. Wells Fargo Armored Services

707 So. 2d 700, 1998 WL 54254

Supreme Court of Florida | Filed: Feb 12, 1998 | Docket: 333366

Cited 4 times | Published

1995. Id. The district court concluded that in section 440.34(1), Florida Statutes (1993),[1] the legislature

Wells Fargo Armored Services v. Lee

692 So. 2d 284, 1997 Fla. App. LEXIS 4415, 1997 WL 203662

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 1524666

Cited 4 times | Published

fee under the workers' compensation statute, section 440.34, Florida Statutes, but instead appears to pertain

BUENA VISTA CONST. CO. v. Capps

656 So. 2d 1378, 1995 WL 410689

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 1283614

Cited 4 times | Published

described as a "statutory guidelines" fee under section 440.34(1)(a)-(h), in the amount of $54,722.34. This

Volusia Memorial Park v. White

549 So. 2d 1114, 1989 WL 117119

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373998

Cited 4 times | Published

succeeded Nationwide as the carrier. Pursuant to section 440.34(3)(b), Florida Statutes (1985), the deputy

Dalton v. Orange County Sheriff

503 So. 2d 406, 12 Fla. L. Weekly 602

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 1733304

Cited 4 times | Published

claim for medical benefits only, pursuant to section 440.34(3)(a), Florida Statutes (1983). The order awarded

Bacon v. Broward Employment & Training Admin.

501 So. 2d 724, 12 Fla. L. Weekly 395

District Court of Appeal of Florida | Filed: Jan 29, 1987 | Docket: 1254667

Cited 4 times | Published

deputy commissioner which awarded, pursuant to section 440.34(3)(a), Florida Statutes (1981), an attorney's

Brevard Community College v. Barber

488 So. 2d 93, 11 Fla. L. Weekly 831

District Court of Appeal of Florida | Filed: Apr 8, 1986 | Docket: 1685439

Cited 4 times | Published

a result, claimant suffered an economic loss. § 440.34(3)(b), Fla. Stat. (1983). Appellants' points on

UNITED GENERAL CONST. v. Cason

479 So. 2d 833, 10 Fla. L. Weekly 2746

District Court of Appeal of Florida | Filed: Dec 13, 1985 | Docket: 1514412

Cited 4 times | Published

symptoms. Turning to the award of attorney's fees, Section 440.34(3), Fla.Statutes, presents a threshold which

Williams v. Delta Upsilon Fraternity

462 So. 2d 552, 10 Fla. L. Weekly 158

District Court of Appeal of Florida | Filed: Jan 11, 1985 | Docket: 1509895

Cited 4 times | Published

consider the statutory factors enumerated in Section 440.34(1), Florida Statutes (1977), and failed to

Celtics Mobile Home Mfg. v. Butler

460 So. 2d 486

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1761440

Cited 4 times | Published

fees pursuant to the bad faith sanctions of Section 440.34(2)(b), Florida Statutes. The deputy commissioner

Celtics Mobile Home Mfg. v. Butler

460 So. 2d 486

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1761440

Cited 4 times | Published

fees pursuant to the bad faith sanctions of Section 440.34(2)(b), Florida Statutes. The deputy commissioner

Sewell Plastics, Inc. v. Jackson

418 So. 2d 442, 1982 Fla. App. LEXIS 20943

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1686168

Cited 4 times | Published

fee was awardable at the hearing level under Section 440.34(2)(a)-(c), Florida Statutes (1979). Jones *443

Barosy v. Landscape Crane

418 So. 2d 400

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 2544058

Cited 4 times | Published

Barosy suffered no economic loss as required by section 440.34(2)(b), Florida Statutes (1979). The deputy

Lindsley Home Care Centers v. Fuster

413 So. 2d 810

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 2546932

Cited 4 times | Published

of her attorney's fees was authorized under Section 440.34(2)(c), Florida Statutes (1979). This issue

Edward J. Gerrits, Inc. v. McKinney

410 So. 2d 542

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 478110

Cited 4 times | Published

reconsideration of the award under § 440.34(1), Fla. Stat. (1978). The 1978 version of § 440.34(1), which applies to

DiMuro v. Dave's Tile Service, Inc.

409 So. 2d 107, 1982 Fla. App. LEXIS 19009

District Court of Appeal of Florida | Filed: Jan 21, 1982 | Docket: 163650

Cited 4 times | Published

permanency rating given by the authorized physician. Section 440.34(1), Florida Statutes (1977), provided, in part

Lobry v. State Farm Mut. Auto. Ins. Co.

398 So. 2d 877

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1696575

Cited 4 times | Published

See § 627.7372(3), Fla. Stat. (1979). [10] See § 440.34, Fla. Stat. (1979). [11] Lobry did not contend

Latt Maxcy Corp. v. Mann

393 So. 2d 1128

District Court of Appeal of Florida | Filed: Jan 20, 1981 | Docket: 1371980

Cited 4 times | Published

made since it complied with the provisions of Section 440.34(1), Florida Statutes (1977) by accepting the

Ringling Bros.-Barnum & Bailey Comb. Shows v. Jones

134 So. 2d 244

Supreme Court of Florida | Filed: Nov 15, 1961 | Docket: 1343556

Cited 4 times | Published

workmen's compensation cases are awarded under § 440.34(1), Florida Statutes, F.S.A., which they construe

Carillon Hotel v. Rodriguez

124 So. 2d 3

Supreme Court of Florida | Filed: Oct 21, 1960 | Docket: 1415967

Cited 4 times | Published

award of attorney's fees under Florida Statute Section 440.34, F.S.A.[4] The findings of fact of the deputy

Great American Indemnity Co. v. Smith

24 So. 2d 42, 156 Fla. 662, 1945 Fla. LEXIS 961

Supreme Court of Florida | Filed: Dec 11, 1945 | Docket: 3270707

Cited 4 times | Published

awarded attorneys' fees inasmuch as the law (Section 440.34) was not then in existence and could not have

Kelly Paton v. Geico General Insurance Co.

190 So. 3d 1047, 41 Fla. L. Weekly Supp. 115, 2016 Fla. LEXIS 631, 2016 WL 1163372

Supreme Court of Florida | Filed: Mar 24, 2016 | Docket: 3047815

Cited 3 times | Published

benefits to $1500 was unconstitutional. Id. (citing § 440.34(7), Fla. Stat. (2003)). To support that claim

Nunez v. Pulte Homes, Inc.

985 So. 2d 695, 2008 WL 2626797

District Court of Appeal of Florida | Filed: Jul 7, 2008 | Docket: 1673296

Cited 3 times | Published

fees and costs for securing that benefit. See § 440.34, Florida Statutes (2006). REVERSED and REMANDED

Murray v. MARINERS HEALTH/ACE USA

946 So. 2d 38, 2006 WL 3454786

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 305151

Cited 3 times | Published

accordance with the guideline formula set forth in section 440.34(1), Florida Statutes (2005). The appellant's

Klatt v. Wal-Mart Stores, Inc.

913 So. 2d 79, 2005 WL 2616587

District Court of Appeal of Florida | Filed: Oct 17, 2005 | Docket: 1331452

Cited 3 times | Published

2. Based upon the criteria outlined in Florida Statute 440.34(1), the parties agree that the Employer/Carrier

Florida Power Corp. v. Brown

863 So. 2d 364, 2003 Fla. App. LEXIS 17723, 2003 WL 22734831

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 1432214

Cited 3 times | Published

JCC's award of attorney's fees pursuant to section 440.34(2), Florida Statutes (2000), which was based

The Florida Bar v. Kelly

813 So. 2d 85, 2002 WL 355227

Supreme Court of Florida | Filed: Mar 7, 2002 | Docket: 1725868

Cited 3 times | Published

gross amount recovered in the case. Pursuant to section 440.34, Florida Statutes (1995), Kelly was required

Feinberg v. Miami-Dade County

788 So. 2d 417, 2001 WL 760231

District Court of Appeal of Florida | Filed: Jul 9, 2001 | Docket: 1641053

Cited 3 times | Published

considered the various statutory factors of section 440.34, Florida Statutes (1997), there is no indication

Feinberg v. Miami-Dade County

788 So. 2d 417, 2001 WL 760231

District Court of Appeal of Florida | Filed: Jul 9, 2001 | Docket: 1641053

Cited 3 times | Published

considered the various statutory factors of section 440.34, Florida Statutes (1997), there is no indication

Integrated Health Services v. Hyde

721 So. 2d 1217, 1998 WL 874836

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1323552

Cited 3 times | Published

Claimant attorney's fees and costs pursuant to section 440.34(3)(b), Florida Statutes, based upon the filing

Dayco Products v. McLane

690 So. 2d 654, 1997 WL 111326

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 1524687

Cited 3 times | Published

fees. In his analysis of the factors under section 440.34(1), Florida Statutes (1991), the JCC concluded

Metropolitan Dade County v. Rolle

678 So. 2d 904, 1996 WL 477056

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 1470918

Cited 3 times | Published

remanded for recalculation of the fee under section 440.34(1), Florida Statutes (1977). Rolle v. Metropolitan

Baptist Manor Nursing Home v. Madison

658 So. 2d 1228, 1995 WL 488146

District Court of Appeal of Florida | Filed: Aug 17, 1995 | Docket: 439401

Cited 3 times | Published

attorney a fee pursuant to the 21-day provision of section 440.34(3)(b), Florida Statutes (Supp. 1990). The E/C

City of Crestview v. Howard

657 So. 2d 73, 1995 WL 410682

District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 463981

Cited 3 times | Published

force at the time of claimant's injury was section 440.34(3)(b), Florida Statutes (1989), allowing a

Trans World Tire Co. v. Hagness

651 So. 2d 124, 1995 WL 49155

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 476363

Cited 3 times | Published

considered all of the factors delineated in section 440.34(1)(a)-(h), Florida Statutes (1991), and found

Spaulding v. Albertson's, Inc.

610 So. 2d 721, 1992 WL 383042

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 1413871

Cited 3 times | Published

impression that the statutory guideline fee of section 440.34(1), Florida Statutes (1989) is the appropriate

Watkins v. RESOURCES PROPERTY MGMT.

596 So. 2d 763, 1992 WL 68849

District Court of Appeal of Florida | Filed: Apr 2, 1992 | Docket: 1358903

Cited 3 times | Published

showing bad faith had been eliminated from Section 440.34, Florida Statutes (1989). The JCC was therefore

Sir Elec., Inc. v. Borlovan

582 So. 2d 22, 1991 WL 90977

District Court of Appeal of Florida | Filed: Jun 3, 1991 | Docket: 1363406

Cited 3 times | Published

amendment to § 440.34. AFFIRMED. NIMMONS and MINER, JJ., concur. NOTES [1] Section 440.34(2), Florida

Dade County v. Turnbull

572 So. 2d 540, 1990 WL 205426

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 479581

Cited 3 times | Published

the motion for attorney's fee pursuant to Section 440.34(5), Florida Statutes, is denied. Caravasios

Mirlisena v. Chemlawn Corp.

567 So. 2d 986, 1990 WL 146873

District Court of Appeal of Florida | Filed: Oct 4, 1990 | Docket: 1721403

Cited 3 times | Published

the factors listed in the Florida Statute, Section 440.34(1)(a) through (h) and conclude that only minimal

Florida Ins. Guar. Ass'n v. Renfroe

568 So. 2d 962, 1990 WL 146902

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1526709

Cited 3 times | Published

(JCC's) award of bad faith attorney's fees under section 440.34(3)(b), Florida Statutes. Next, they maintain

Florida Ins. Guar. Ass'n v. Renfroe

568 So. 2d 962, 1990 WL 146902

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1526709

Cited 3 times | Published

(JCC's) award of bad faith attorney's fees under section 440.34(3)(b), Florida Statutes. Next, they maintain

Marsh v. Benedetto

566 So. 2d 324, 1990 WL 123102

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 1529250

Cited 3 times | Published

have been awarded for bad faith pursuant to section 440.34(3)(b), Florida Statutes (1987), the fee award

Tri-State Motor Transit Co. v. Judy

566 So. 2d 537, 1990 WL 110288

District Court of Appeal of Florida | Filed: Aug 6, 1990 | Docket: 547559

Cited 3 times | Published

determining the appropriate attorney's fee, section 440.34, Fla. Stat. (1983) requires that in each case

Manley v. Bennett's Truck Equipment

506 So. 2d 1145, 12 Fla. L. Weekly 1192

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336224

Cited 3 times | Published

the order denying appellant attorney's fees. Section 440.34(3)(c), Florida Statutes, provides for attorney's

Samper v. WB Johnson Properties, Inc.

481 So. 2d 88, 11 Fla. L. Weekly 174

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 548887

Cited 3 times | Published

stipulation, to pay a reasonable attorney's fee under Section 440.34(3)(c), Florida Statutes, which allows recovery

Farm Stores, Inc. v. Harvey

474 So. 2d 4, 10 Fla. L. Weekly 1804

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 1487464

Cited 3 times | Published

(4) in awarding an attorney's fee pursuant to § 440.34(3), Florida Statutes, when claimant had continued

Singletary v. MANGHAM CONST. CO., INC.

471 So. 2d 635, 10 Fla. L. Weekly 1566

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1397328

Cited 3 times | Published

order denying payment of attorney's fees under section 440.34(2)(c), Florida Statutes (1979). Finding that

CITRUS CENT., INC. v. Gardner

466 So. 2d 369, 10 Fla. L. Weekly 636

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 438347

Cited 3 times | Published

of compensability on a controverted claim. Section 440.34(3), Florida Statutes. *372 Accordingly, that

Chain Store Warehouses v. Picard

431 So. 2d 685

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 456328

Cited 3 times | Published

motion for an appellate attorney's fee is DENIED. § 440.34, Fla. Stat. (1979). SHIVERS and WIGGINTON, JJ

BREVARD CTY. MENTAL HEALTH CENTER v. Kelly

420 So. 2d 911

District Court of Appeal of Florida | Filed: Oct 21, 1982 | Docket: 1306663

Cited 3 times | Published

proportion with the schedule established by Section 440.34, Florida Statutes (1979). Although the deputy

RICH INT'L AIRWAYS INC. v. Cahvasquis

416 So. 2d 902

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 1655060

Cited 3 times | Published

Delauder, 417 So.2d 989 (Fla. 1st DCA 1981); Section 440.34(2) (a), Fla. Stat. (1979)], but not to the

City of Miami v. Wright

414 So. 2d 24

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 1343859

Cited 3 times | Published

basis for assessing attorney's fees pursuant to Section 440.34(2)(c), Florida Statutes (1979). Four Quarters

Spring Air Mattress Co. v. Cox

413 So. 2d 1265

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1702517

Cited 3 times | Published

has not reached a determination as required by § 440.34(2), Florida Statutes (1979). The industrial injury

Aetna Ins. Co. v. Houck

411 So. 2d 936

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 1696959

Cited 3 times | Published

awarding a fee to the employer's attorney. Section 440.34, Fla. Stat. does not authorize an award of

Aetna Ins. Co. v. Houck

411 So. 2d 936

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 1696959

Cited 3 times | Published

awarding a fee to the employer's attorney. Section 440.34, Fla. Stat. does not authorize an award of

Silver Springs, Inc. v. Scardo

408 So. 2d 844

District Court of Appeal of Florida | Filed: Jan 21, 1982 | Docket: 1732366

Cited 3 times | Published

whether the claimant sought attorney's fees under § 440.34(2)(b) (1979) by alleging the carrier's bad faith

Roberts v. Georgia-Pacific Corp.

394 So. 2d 1093

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1315655

Cited 3 times | Published

21 days of notice of the claim, as required by § 440.34(1) Florida Statutes (1977). Second, the claimant

State v. Caldwell

388 So. 2d 640

District Court of Appeal of Florida | Filed: Sep 30, 1980 | Docket: 419771

Cited 3 times | Published

variables, the attorneys fee schedule under F.S. 440.34, and the Lee Engineering Case it is found that

Universal Engineering Corp. v. Cartier

380 So. 2d 1160

District Court of Appeal of Florida | Filed: Mar 11, 1980 | Docket: 1402307

Cited 3 times | Published

(Fla. 1956) at p. 450. Appellee argues that Section 440.34(1), Florida Statutes (1973), authorizes the

Sue Ann's Capri Lounge v. Harhalos

377 So. 2d 989

District Court of Appeal of Florida | Filed: Dec 20, 1979 | Docket: 423219

Cited 3 times | Published

unsuccessfully resisted the payment of compensation, § 440.34(1), Fla. Stat., forcing the claimant to file a

Lehigh Portland Cement Co. v. Branch

319 So. 2d 13

Supreme Court of Florida | Filed: Jul 16, 1975 | Docket: 444254

Cited 3 times | Published

petitioner is liable for attorneys' fees under Section 440.34(1), Florida Statutes (1973), which requires

Sullivan v. Mayo

106 So. 2d 4

District Court of Appeal of Florida | Filed: Oct 28, 1958 | Docket: 1331927

Cited 3 times | Published

it. The commission properly concluded that F.S. § 440.34, F.S.A., relative to allowance of attorney's fees

Elms v. Castle Constructors Co.

109 So. 3d 1274, 2013 WL 1338695, 2013 Fla. App. LEXIS 5473

District Court of Appeal of Florida | Filed: Apr 4, 2013 | Docket: 60229492

Cited 2 times | Published

The JCC denied the motion, reasoning that section 440.34(1), Florida Statutes (2011), effectively prohibits

Marton v. Florida Hospital Ormond Beach/Adventist Health Systems

98 So. 3d 754, 2012 WL 4839773, 2012 Fla. App. LEXIS 17767

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60312563

Cited 2 times | Published

this court’s review is de novo. Id. at 1091. Section 440.34(3), Florida Statutes (2007), provides that

Punsky v. Clay County Board of County Commissioners

60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300049

Cited 2 times | Published

prevailing parties, filed a motion pursuant to section 440.34(3), Florida Statutes (2004), seeking to tax

ORANGE COUNTY AND ALTERNATIVE SERV. v. New

39 So. 3d 423, 2010 Fla. App. LEXIS 9209, 2010 WL 2539433

District Court of Appeal of Florida | Filed: Jun 25, 2010 | Docket: 2411313

Cited 2 times | Published

enforcement remedy be reciprocal. It was not until section 440.34(3) was amended in *425 2003 that "any prevailing

Shackleford v. CTL DISTRIBUTION

25 So. 3d 667, 2010 Fla. App. LEXIS 126, 2010 WL 90380

District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 1661873

Cited 2 times | Published

claims was correct. There is nothing in either section 440.34(3), Florida Statutes (2007) (which directs

Rosenthal, Levy & Simon, P.A. v. Scott

17 So. 3d 872, 2009 Fla. App. LEXIS 13672, 2009 WL 2913874

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 1644918

Cited 2 times | Published

workers' compensation fee statute, particularly section 440.34(1), Florida Statutes (2003), the Legislature

Kaloustian v. Tampa Armature Works, Inc.

5 So. 3d 753, 2009 Fla. App. LEXIS 1690, 2009 WL 500623

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1663398

Cited 2 times | Published

costs to the Employer/Carrier (E/C) pursuant to section 440.34(3), Florida Statutes. The second concerns the

Lowry v. Central Leasing Management, Inc.

988 So. 2d 1113, 2008 WL 2725822

District Court of Appeal of Florida | Filed: Jul 15, 2008 | Docket: 1308205

Cited 2 times | Published

public importance: DO THE AMENDED PROVISIONS OF SECTION 440.34(1), FLORIDA STATUTES (2003), CLEARLY AND UNAMBIGUOUSLY

Lowry v. CENTRAL LEASING MANAGEMENT, INC.

18 So. 3d 550, 2008 Fla. App. LEXIS 6952, 2008 WL 1930055

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 482116

Cited 2 times | Published

percentage formula for calculating fees set forth in section 440.34(1), Florida Statutes (2003), denies access

Valdes v. GALCO CONST.

922 So. 2d 252, 2006 Fla. App. LEXIS 826, 2006 WL 176731

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1683359

Cited 2 times | Published

fees, and remand for reconsideration under section 440.34, Florida Statutes (1983). *254 I. "The starting

Marshall v. City of Miami

920 So. 2d 107, 2006 WL 141046

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1441190

Cited 2 times | Published

application of the statutory formula found in section 440.34(1), Florida Statutes (2001). Accordingly, applying

Zabik v. PALM BEACH COUNTY SCHOOL DIST.

901 So. 2d 887, 2005 Fla. App. LEXIS 4290, 2005 WL 701091

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 1666201

Cited 2 times | Published

entitled to attorney's fees and costs under section 440.34(3)(b), Florida Statutes (1999), because the

Davis v. Bon Secours-Maria Manor

892 So. 2d 516, 2004 WL 2964774

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 472223

Cited 2 times | Published

discretion in weighing the statutory factors of section 440.34(1), Florida *517 Statutes (1999)[1] by placing

Smith v. Burke Painting

765 So. 2d 727, 2000 WL 97483

District Court of Appeal of Florida | Filed: Jan 31, 2000 | Docket: 428760

Cited 2 times | Published

claim for an award of attorney's fees under section 440.34(3)(b), Florida Statutes (1995). Under the authority

Berry v. Scotty's, Inc.

789 So. 2d 1008, 1998 WL 161498

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 1696017

Cited 2 times | Published

Doral, Inc., 638 So.2d 82 (Fla. 3d DCA 1994). Cf. § 440.34(1), Fla. Stat. (1995) (providing for award of

Smith v. GENERAL PARCEL SERVICE, INC.

699 So. 2d 741, 1997 WL 528282

District Court of Appeal of Florida | Filed: Aug 19, 1997 | Docket: 1321265

Cited 2 times | Published

for attorney's fees. This claim was based on section 440.34(3)(b), Florida Statutes (1991), which authorizes

Daytona Beach Geriatric Center v. Linehan

673 So. 2d 548, 21 Fla. L. Weekly Fed. D 1227

District Court of Appeal of Florida | Filed: May 20, 1996 | Docket: 1671440

Cited 2 times | Published

attorney's fees based on the "21-day rule." Section 440.34(3)(b), Florida Statutes (1991), provides that

National Distributing Co. v. Campbell

632 So. 2d 647, 1994 WL 33782

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 1514070

Cited 2 times | Published

under the amended statute on attorney's fees, section 440.34(3)(b), Florida Statutes (1989),[1] which eliminated

Regal Wood Products v. Baschansci

603 So. 2d 551, 1992 WL 156895

District Court of Appeal of Florida | Filed: Jul 9, 1992 | Docket: 1475489

Cited 2 times | Published

application of the statutory fee formula set out in Section 440.34(1), Florida Statutes (1979), would result in

DEPT. OF AGR. AND CONS. SERV. v. Schick

580 So. 2d 648, 1991 WL 65356

District Court of Appeal of Florida | Filed: Apr 29, 1991 | Docket: 1364945

Cited 2 times | Published

awards under workers' compensation act, because section 440.34 sets forth specific factors that must be considered

Griffin v. ORLANDO REGIONAL MED. CENTER

578 So. 2d 448, 1991 WL 60007

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 618861

Cited 2 times | Published

(1981), and costs and attorney's fees under Section 440.34(3), Florida Statutes (1981), is premature and

Wiseman v. AT & T TECHNOLOGIES, INC.

569 So. 2d 508, 1990 WL 157742

District Court of Appeal of Florida | Filed: Oct 22, 1990 | Docket: 1190887

Cited 2 times | Published

claimant in the sum certain of only $10,590.35. Section 440.34(2), Fla. Stat. (1981), states: In awarding

Roose & Griffin Landscape Contractors v. Weiss

558 So. 2d 102, 1990 Fla. App. LEXIS 1368, 1990 WL 19946

District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 1404793

Cited 2 times | Published

that reason, attorney's fees are not due under F.S. 440.34(3)(c). However, the evidence supporting the claim

City of Miami v. Knight

554 So. 2d 549, 14 Fla. L. Weekly 2737, 1989 Fla. App. LEXIS 6630, 1989 WL 142182

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1693488

Cited 2 times | Published

v. Fellows, 209 So.2d 454 (Fla. 1968), and section 440.34, Florida Statutes, as well as Florida Patient's

WILHOIT INTERN. v. Tidwell

497 So. 2d 958, 11 Fla. L. Weekly 2396

District Court of Appeal of Florida | Filed: Nov 17, 1986 | Docket: 1238168

Cited 2 times | Published

benefits and an attorney's fee pursuant to Section 440.34(2)(c), Florida Statutes (1979). We affirm in

WA Doss & Sons, Inc. v. Barbato

487 So. 2d 377, 11 Fla. L. Weekly 935

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1797161

Cited 2 times | Published

consider the guidelines and factors set forth in Section 440.34(1)(a)-(h), Florida Statutes (1983) and Lee

Matter of George Hunt, Inc.

60 B.R. 183, 1986 Bankr. LEXIS 6330

United States Bankruptcy Court, M.D. Florida | Filed: Apr 4, 1986 | Docket: 1832653

Cited 2 times | Published

challenging his claim in this Court. § 440.20(9) and § 440.34(3) of Florida Statutes mandates an allowance of

HILLSBOROUGH CTY. SCHOOL BD. v. Hilburn

472 So. 2d 1309, 26 Educ. L. Rep. 922

District Court of Appeal of Florida | Filed: Jul 16, 1985 | Docket: 1793112

Cited 2 times | Published

compensation benefits were payable had occurred. § 440.34(2)(c), Fla. Stat. (1979). The employer and carrier

Blackshear v. Bethune Cookman College

467 So. 2d 721, 24 Educ. L. Rep. 1071

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 1274585

Cited 2 times | Published

fee pursuant to the bad faith provision of Section 440.34(3)(b), Florida Statutes (1981), if this court

Rivers v. SCA SERV. OF FLORIDA, INC.

465 So. 2d 634, 10 Fla. L. Weekly 771

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 1694820

Cited 2 times | Published

factfinding proceeding before deciding the issue. Section 440.34(3)(b), Florida Statutes (1983), does not require

Mt. Sinai Medical Center v. Samuels

453 So. 2d 82

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 1651438

Cited 2 times | Published

deputy pursuant to the criteria set forth in section 440.34(1), Florida Statutes (1981). Mueller v. Searcy

Caravasios v. MW Spates Const. Co.

441 So. 2d 1070

Supreme Court of Florida | Filed: Sep 29, 1983 | Docket: 1333478

Cited 2 times | Published

attorney's fees is to be found, it must be in section 440.34, Florida Statutes (1975). That section provides

Rusty Pelican Restaurant v. Garcia

437 So. 2d 754

District Court of Appeal of Florida | Filed: Sep 9, 1983 | Docket: 1256930

Cited 2 times | Published

consideration of the statutory criteria in Section 440.34, Florida Statutes (1979), the DC noted that

OT Sims & Associates v. Merchant

435 So. 2d 884

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1328290

Cited 2 times | Published

contend that the award could be permitted under § 440.34, Florida Statutes, only if such a finding was

POLK CTY. BD. OF CTY. COMMISSIONERS v. Patterson

433 So. 2d 1298

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1425163

Cited 2 times | Published

erred in assessing attorney's fees pursuant to section 440.34(3)(b), Florida Statutes (1980). Despite the

Zarahn v. City of Milton

433 So. 2d 41, 1983 Fla. App. LEXIS 19707

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 1727435

Cited 2 times | Published

until the entire fee is paid.[2] Citing to Section 440.34(4), Florida Statutes, which provides that "in

Closet Maid Corp. v. Wilson

429 So. 2d 419

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1667655

Cited 2 times | Published

claimant's counsel a reasonable attorney's fee. Section 440.34(2)(b), Florida Statutes (1979), provides for

Gunn's Quality Glass & Mirrors, Inc. v. Strode

425 So. 2d 73

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 1181883

Cited 2 times | Published

appeal an order awarding attorney's fees under Section 440.34(2)(a), Florida Statutes (1979).[1] They assert

EC Goldman Roofing v. Rogers

418 So. 2d 426

District Court of Appeal of Florida | Filed: Aug 23, 1982 | Docket: 1289146

Cited 2 times | Published

awarded under either Section 440.34(2)(b) or Section 440.34(2)(c). Section 440.34(2)(b) is clearly inapplicable

Cenvill Communities, Inc. v. Brown

409 So. 2d 1147

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526302

Cited 2 times | Published

unsuccessfully controverted. This was error. See Section 440.34(3)(b), Florida Statutes (1979) and (1980).

LANDERS CONST. v. Delauder

417 So. 2d 989

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 1383454

Cited 2 times | Published

attorney's fee was proper under Florida Statutes, Section 440.34(2)(a), because the claim was not one for medical

Wekiwa Concrete v. Reddick

396 So. 2d 832, 1981 Fla. App. LEXIS 19137

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1732321

Cited 2 times | Published

protect the attorney's statutory lien under Section 440.34(3), Florida Statutes (1979). We reverse. On

Massey v. North American Biologicals

397 So. 2d 341

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1356685

Cited 2 times | Published

carrier. At that time the applicable statute, Section 440.34(1), Florida Statutes (1977), provided, in relevant

Circle-K Stores, Inc. v. Flores-Orellana

224 So. 3d 888, 2017 WL 3584066, 2017 Fla. App. LEXIS 11950

District Court of Appeal of Florida | Filed: Aug 21, 2017 | Docket: 60271758

Cited 1 times | Published

factor based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009). AFFIRMED IN PART;

Jose Delgado v. City Concrete Systems, Inc. and FCCI Insurance company

220 So. 3d 529, 2017 WL 2438332, 2017 Fla. App. LEXIS 8148

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069482

Cited 1 times | Published

representing a statutory guideline fee under section 440.34(1), Florida Statutes. He also ordered the E/C

Martha Miles v. City of Edgewater Police Department

190 So. 3d 171, 2016 WL 1578434, 2016 Fla. App. LEXIS 5990

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3058403

Cited 1 times | Published

fee restrictions as contained in Florida Statute § 440.34.” The attorney certified-that if the JCC denied

Brady v. Cypress Communications of South Florida

169 So. 3d 1283, 2015 Fla. App. LEXIS 11423, 2015 WL 4557041

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 60248852

Cited 1 times | Published

Employer/Carrier (E/C) to Claimant’s attorney under section 440.34(3)(a) and (7), Florida Statutes (2013). Because

Taylor v. Air Canada

136 So. 3d 786, 2014 WL 1666011, 2014 Fla. App. LEXIS 6171

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240086

Cited 1 times | Published

prevailing party is determined. By concluding that section 440.34(3) was implicated in determining Claimant’s

Luces v. Red Ventures

140 So. 3d 999, 2014 WL 840011, 2014 Fla. App. LEXIS 2829

District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60241730

Cited 1 times | Published

purportedly authorized by section 440.34(3)(a), Florida Statutes (2009). Section 440.34(3)(a) provides for the

Williams v. State Department of Corrections/division of Risk Management

97 So. 3d 923, 2012 WL 3763680, 2012 Fla. App. LEXIS 14643

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60312009

Cited 1 times | Published

fees from the Employer/Carrier (“E/C”) under section 440.34(3)(b), Florida Statutes (2008), when the E/C

Pupo v. City of Hialeah

91 So. 3d 925, 2012 WL 2682757, 2012 Fla. App. LEXIS 11023

District Court of Appeal of Florida | Filed: Jul 9, 2012 | Docket: 60310029

Cited 1 times | Published

circumstances be entitled to attorney’s fees as well. See § 440.34(3), Fla. Stat. (1997). Consequently, we affirm

Ballard v. EDD HELMS GROUP

79 So. 3d 88, 2011 Fla. App. LEXIS 20926, 2011 WL 6851248

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2359321

Cited 1 times | Published

penalties on the late payment of interest. See § 440.34(3)(b), Fla. Stat. (2008) ("If any party should

Aguilar v. Kohl's Department Stores, Inc.

68 So. 3d 356, 2011 Fla. App. LEXIS 13245, 2011 WL 3667888

District Court of Appeal of Florida | Filed: Aug 23, 2011 | Docket: 60302254

Cited 1 times | Published

entitlement to prevailing party costs under section 440.34(3), Florida Statutes (2007). For the reasons

Reynolds v. COMMERCIAL CARRIER CORPORATION

69 So. 3d 310, 2011 Fla. App. LEXIS 12253, 2011 WL 3341499

District Court of Appeal of Florida | Filed: Aug 4, 2011 | Docket: 31423

Cited 1 times | Published

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

Carrillo v. Case Engineering, Inc.

53 So. 3d 1214, 2011 Fla. App. LEXIS 1862, 2011 WL 479893

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298030

Cited 1 times | Published

erred in applying after-enacted version of section 440.34(3) to pre-2003 accident as basis for awarding

Clay County Sheriff's Office v. Kraemer

49 So. 3d 339, 2010 Fla. App. LEXIS 19010, 2010 WL 5114725

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60296733

Cited 1 times | Published

fees under the “medical only” provision of section 440.34(3)(a), Florida Statutes, he awarded Claimant

Pierre v. Royal Care/USIS

46 So. 3d 647, 2010 Fla. App. LEXIS 16152, 2010 WL 4159160

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 1926764

Cited 1 times | Published

Because Claimant meets the requirements of section 440.34(3), Florida Statutes (2007), we reverse the

Brown v. Clay County Board of County Commissioners

43 So. 3d 782, 2010 Fla. App. LEXIS 11418, 2010 WL 3063133

District Court of Appeal of Florida | Filed: Aug 5, 2010 | Docket: 2399480

Cited 1 times | Published

683.76 in costs against Appellant pursuant to section 440.34(3), Florida Statutes. The cost order was not

Trent v. CHARLOTTE SANITATION AND CNA

31 So. 3d 938, 2010 Fla. App. LEXIS 4724, 2010 WL 1345022

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1104340

Cited 1 times | Published

the E/C costs payable by Claimant pursuant to section 440.34(3), Florida Statutes. On appeal, the E/C properly

Smith v. Gulf Coast Hospital

31 So. 3d 297, 2010 Fla. App. LEXIS 4178, 2010 WL 1336108

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647771

Cited 1 times | Published

area, rather than the fee schedule set out in section 440.34(1), Florida Statutes (1999). Because we conclude

Smith v. Gulf Coast Hospital

31 So. 3d 297, 2010 Fla. App. LEXIS 4178, 2010 WL 1336108

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647771

Cited 1 times | Published

area, rather than the fee schedule set out in section 440.34(1), Florida Statutes (1999). Because we conclude

Martz v. Volusia County Fire Services

30 So. 3d 635, 2010 Fla. App. LEXIS 3353, 2010 WL 935561

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 60289446

Cited 1 times | Published

denial of attorney’s fees and costs pursuant to section 440.34(3), Florida Statutes, because Claimant has

Hillsborough County Sheriff's Office v. Hilsman

23 So. 3d 743, 2009 Fla. App. LEXIS 16734, 2009 WL 3734706

District Court of Appeal of Florida | Filed: Nov 10, 2009 | Docket: 2524342

Cited 1 times | Published

Ferrer, 990 So.2d 13, 14 (Fla. 1st DCA 2008). Section 440.34(3), Florida Statutes (2004), mandates that

Zaldivar v. FLORIDA TRANSPORT 1982, INC.

19 So. 3d 1093, 2009 Fla. App. LEXIS 15178, 2009 WL 3211023

District Court of Appeal of Florida | Filed: Oct 8, 2009 | Docket: 1651311

Cited 1 times | Published

calculated based on "benefits secured." See generally § 440.34, Fla. Stat. In some instances, the "benefits secured"

Miles-Young v. Staff Management Solution, Inc.

1 So. 3d 394, 2009 Fla. App. LEXIS 1005, 2009 WL 290524

District Court of Appeal of Florida | Filed: Feb 9, 2009 | Docket: 2562339

Cited 1 times | Published

with the statutory fee guideline set forth in section 440.34(1), Florida Statutes. We reverse. The JCC correctly

COSTCO WHOLESALE CORPORATION v. Ulett

995 So. 2d 1016

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1425076

Cited 1 times | Published

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

Guckenberger v. Seminole County

979 So. 2d 407, 2008 WL 1805484

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1714089

Cited 1 times | Published

proceedings, not to include attorney's fees." See § 440.34(3), Fla. Stat. (2005). Appellant contends that

Buitrago v. Landry's

949 So. 2d 1046, 2006 WL 2612682

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1374536

Cited 1 times | Published

accordance with the guideline formula set forth in section 440.34(1), Florida Statutes (2005). The appellant's

Nash v. AMR Corp.

913 So. 2d 699, 2005 WL 2649201

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 1698267

Cited 1 times | Published

entitled to attorney's fees and costs pursuant to section 440.34, Florida Statutes (2000). Appellant's counsel

Anderson Columbia v. Brown

902 So. 2d 838, 2005 Fla. App. LEXIS 4954, 2005 WL 831360

District Court of Appeal of Florida | Filed: Apr 12, 2005 | Docket: 64838464

Cited 1 times | Published

support a constitutional challenge on appeal to section 440.34(7), Florida Statutes (2003). Under that provision

Flores v. ROOF TILE ADMIN., INC.

887 So. 2d 360, 2004 WL 1252780

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1515167

Cited 1 times | Published

Products, Inc., 506 So.2d 487 (Fla. 4th DCA 1987); § 440.34, Fla. Stat. (1997). Affirmed in part, reversed

Spinelli v. National Health Care Center

854 So. 2d 259, 2003 WL 22105154

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 2581452

Cited 1 times | Published

Entitled to costs as a prevailing party, see § 440.34(3), Fla. Stat. (2002), she filed her Petition

Allen v. Tyrone Square 6 AMC Theaters

731 So. 2d 699, 1999 WL 41098

District Court of Appeal of Florida | Filed: Feb 2, 1999 | Docket: 1733722

Cited 1 times | Published

preclude an award of attorney's fees under section 440.34(3)(a), Florida Statutes (1997). When a specific

City of Riviera Beach v. Deliso

713 So. 2d 426, 1997 WL 716110

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 1450840

Cited 1 times | Published

expended 176 hours, once the factors set forth in section 440.34(1)(a)-(f), Florida Statutes, are considered

Wuesthoff Memorial Hospital v. Tapia

687 So. 2d 1370, 1997 Fla. App. LEXIS 1382, 1997 WL 68007

District Court of Appeal of Florida | Filed: Feb 20, 1997 | Docket: 64771169

Cited 1 times | Published

of such proceedings” within the meaning of section 440.34(3), Florida Statutes (1993). The parties have

Scotty's, Inc. v. Sarandrea

645 So. 2d 121, 1994 WL 630621

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1654588

Cited 1 times | Published

claimant as prevailing party, in accordance with section 440.34(3), Florida Statutes (1991), and this award

King v. Winn Dixie Stores Inc.

637 So. 2d 66, 1994 WL 190012

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 1521454

Cited 1 times | Published

attorney's fees in modification proceedings. Fla. Stat. § 440.34 (1988) imposed upon E/C the obligation to pay

Gunter v. Sauer, Inc.

629 So. 2d 1086, 1994 WL 5312

District Court of Appeal of Florida | Filed: Jan 12, 1994 | Docket: 122409

Cited 1 times | Published

should not have limited the application of section 440.34(3)(b), Florida Statutes (1991), to the period

Town & Country Farms v. Peck

611 So. 2d 63, 1992 WL 385380

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1757333

Cited 1 times | Published

JCC did not err in awarding costs pursuant to section 440.34(5), Florida Statutes; however, the amount of

Gulledge v. Dion Oil Co.

605 So. 2d 482, 1992 WL 201044

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 1702008

Cited 1 times | Published

Liberty Mutual Insurance Company pursuant to section 440.34(3)(c), Florida Statutes (1987). We reverse

Nieves v. Dade County School Bd.

583 So. 2d 697, 1991 WL 104641

District Court of Appeal of Florida | Filed: Aug 5, 1991 | Docket: 1284476

Cited 1 times | Published

rehearing with the following observations. Section 440.34(3), Florida Statutes (1989), states that the

Southeastern Concrete Floor v. Charlton

584 So. 2d 574, 1991 WL 119674

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 466759

Cited 1 times | Published

guardianship, the JCC relying upon the provisions of Section 440.34(3), Florida Statutes (1989). Pursuant to that

Favors v. Walgreen Co.

557 So. 2d 951, 15 Fla. L. Weekly Fed. D 675

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 2545259

Cited 1 times | Published

she is entitled to such fees and costs under section 440.34(3) and 440.34(3)(a), Florida Statutes (1987)

Teitelbaum Concrete v. Sandelier

506 So. 2d 1122, 12 Fla. L. Weekly 1157

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 1336720

Cited 1 times | Published

various available statutory grounds. Under Section 440.34(3), Florida Statutes, a claimant is entitled

UNITED TELEPHONE CO. OF FLORIDA v. Wooten

468 So. 2d 1056, 10 Fla. L. Weekly 1187

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 1725620

Cited 1 times | Published

The award of attorney's fees has no basis. Section 440.34, Florida Statutes (1980) allows recovery of

Central Truck Lines, Inc. v. Coleman

458 So. 2d 1145

District Court of Appeal of Florida | Filed: Oct 26, 1984 | Docket: 1733193

Cited 1 times | Published

the statutory factors required, specifically Section 440.34(1)(a), the novelty and difficulty of the questions

SCHOOL BD. OF COLLIER CTY. v. Salter

457 So. 2d 1132, 9 Fla. L. Weekly 2196, 1984 Fla. App. LEXIS 15484

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 2575509

Cited 1 times | Published

schedule amount of attorney's fees due under Section 440.34(1), Florida Statutes (1977). Deese provides

State of Florida/Sunland Center v. Campbell

451 So. 2d 939, 1984 Fla. App. LEXIS 13474

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 1741324

Cited 1 times | Published

entitlement to attorney's fees pursuant to section 440.34(2)(a), Florida Statutes (1979). We affirm.

National Airlines, Inc. v. Wikle

451 So. 2d 908

District Court of Appeal of Florida | Filed: Jun 1, 1984 | Docket: 1483309

Cited 1 times | Published

for the services of claimant's attorney under section 440.34, Florida Statutes (1977). The first fee, $2

Burnup & Sims, Inc. v. Ozment

440 So. 2d 29

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1728475

Cited 1 times | Published

compensation order awarding attorney's fees pursuant to § 440.34(2)(b), Fla. Stat. (1979). We reverse. The claimant

MONROE CTY. SHERIFF'S DEPT., ETC. v. Ruth

424 So. 2d 905

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 1708172

Cited 1 times | Published

award of an attorney's fee is controlled by Section 440.34(3)(a), (b), (c), Florida Statutes (1981). Claimant

G & S PACKING CO. v. Driggers

382 So. 2d 446

District Court of Appeal of Florida | Filed: Apr 18, 1980 | Docket: 1674565

Cited 1 times | Published

21st day after they have notice of same... ." § 440.34(1), Fla. Stat. (1973). This 21 day "notice of

Colonial Restaurant Corp. v. State Department of Commerce

248 So. 2d 494, 1971 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: May 26, 1971 | Docket: 64520563

Cited 1 times | Published

incurred in connection with such enforcement. Section 440.-34(1), referred to by the plaintiffs as the statutory

Stich v. Independent Life & Accident Insurance Co

139 So. 2d 398, 1962 Fla. LEXIS 3040

Supreme Court of Florida | Filed: Mar 28, 1962 | Docket: 60202950

Cited 1 times | Published

his services. This is contemplated by F.S. Section 440.-34 F.S.A. Those portions of the orders denying

Dade County Board of Public Instruction v. Pazienza

137 So. 2d 569

Supreme Court of Florida | Filed: Feb 9, 1962 | Docket: 60201200

Cited 1 times | Published

permanent partial disability and hence under F.S. § 440.34 F.S.A., the commission was authorized to award

Daniel Murphy v. Polk County Board of County Commissioners, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258187

Published

for benefits set out in a PFB before a JCC. See § 440.34(3), Fla. Stat.; see also Morgan v. Am. Airlines

Kimberly A. Fox v. Sarasota County School Board, and Commercial Risk Management

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70629871

Published

matter jurisdiction over E/C paid fees because section 440.34(1), Florida Statutes, states that attorney’s

Palm Beach County School District v. Josaphat

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848198

Published

corresponding award of attorney’s fees and costs. See § 440.34(3), Fla. Stat. (allowing prevailing claimants

Palm Beach County School District, and Sedgwick CMS, Inc. v. Frances Smith

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553254

Published

concluded that she could not award costs under section 440.34(3), Florida Statutes (2016), because the E/C

American Airlines Group American Airlines and Sedgwick CMS v. Alejandro Lopez

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553872

Published

costs in a final order dated May 3, 2021. See § 440.34(1), Fla. Stat. (requiring JCC or court approval

Michael D. Rudolph v. Darien Smith, The Home Depot U.S.A., Inc. and Liberty Mutual Insurance Company

District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68187984

Published

that the presumptively reasonable fee under section 440.34, Florida Statutes (1993), is $2,025,750. But

Raydel Coto v. Univision/Sentry Casualty Company

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243479

Published

nonetheless assessed $1,074.34 in costs under section 440.34(3), Florida Statutes, which says: “If any party

Peter Portu v. City of Coral Gables, Johns Eastern etc.

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366186

Published

did not preserve his claim for appeal. Section 440.34(3), Florida Statutes (2009), entitles a claimant

Portu v. City of Coral Gables, Johns E. Co.

239 So. 3d 1295

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 64675466

Published

Portu did not preserve his claim for appeal. Section 440.34(3), Florida Statutes (2009), entitles a claimant

Ivan Palma v. American Airlines and, Sedgwick CMS

229 So. 3d 1272

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6226566

Published

2d 709, 710 (Fla. 1st DCA 2008); see generally § 440.34, Fla. Stat. (2013). Case law explains how to determine

Circle K Stores, Inc./ Constitution State etc. v. Emerita Flores-Orellana

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144159

Published

based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009). AFFIRMED IN

Circle K Stores, Inc./ Constitution State etc. v. Emerita Flores-Orellana

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144159

Published

based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009). AFFIRMED IN

Ferrer v. Truly Nolen of America, Inc.

212 So. 3d 544, 2017 WL 1048109, 2017 Fla. App. LEXIS 3667

District Court of Appeal of Florida | Filed: Mar 20, 2017 | Docket: 60263384

Published

statutory guideline attorney’s fee as set forth in section 440.34(1), Florida Statutes (2010). On remand pursuant

Orestes J. Ferrer v. Truly Nolen of America, Inc. and Crawford etc.

District Court of Appeal of Florida | Filed: Mar 19, 2017 | Docket: 4619336

Published

statutory guideline attorney’s fee as set forth in section 440.34(1), Florida Statutes (2010). On remand pursuant

Vincent Sansone v. Frank Crum/Frank Winston Crum Insurance, Inc.

201 So. 3d 1289, 2016 Fla. App. LEXIS 16230

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484802

Published

This appeal is about attorney’s fees. Under section 440.34(3)(b), Florida Statutes (2014), successful

Rafael Cruz-Ramirez v. American Airlines and Sedgwick

200 So. 3d 267, 2016 Fla. App. LEXIS 14748, 2016 WL 5802396

District Court of Appeal of Florida | Filed: Oct 4, 2016 | Docket: 4468664

Published

evidence and evaluation of the variables of F.S. 440.34(1)(3)(7) above, I find that a reasonable fee

Law Offices of William F. Souza v. Truly Nolen, Inc.,/ Crawford etc.

199 So. 3d 531, 2016 Fla. App. LEXIS 13579

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4425525

Published

pending, Souza withdrew a pending claim under section 440.34, Florida Statutes (2002), for attorney’s fees

John O'Connor v. Indian River County Fire Rescue

197 So. 3d 156, 2016 Fla. App. LEXIS 11619, 2016 WL 4179482

District Court of Appeal of Florida | Filed: Aug 2, 2016 | Docket: 4115852

Published

Appellees as the prevailing party pursuant to section 440.34(3), Florida Statutes (hereafter “the costs

Adan Luciano, Jr. v. Adecco/Broadspire

194 So. 3d 587, 2016 Fla. App. LEXIS 11068, 2016 WL 3919048

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4113618

Published

Employer/Carrier (E/C) as a prevailing party under section 440.34(3), Florida Statutes (2011). Claimant does

Marvin Castellanos v. Next Door Company

192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059072

Published

constitutionality of the mandatory fee schedule in section 440.34, Florida Statutes (2009), which eliminates

Cynthia Richardson v. Aramark/Sedgwick CMS

193 So. 3d 880, 41 Fla. L. Weekly Supp. 207, 2016 WL 1704132, 2016 Fla. LEXIS 888

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059077

Published

with the conclusive statutory fee schedule in section 440.34, Florida Statutes, which does not allow for

Louis P. Pfeffer v. Labor Ready Southeast, Inc.

191 So. 3d 884, 41 Fla. L. Weekly Supp. 208, 2016 Fla. LEXIS 883, 2016 WL 1708823

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059073

Published

28, 2016). Pursuant to the fee schedule in section 440.34, Florida Statutes, the judge of compensation

Henry Diaz v. Palmetto General Hospital

191 So. 3d 882, 41 Fla. L. Weekly Supp. 208, 2016 Fla. LEXIS 887, 2016 WL 1704091

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059075

Published

compliance with the conclusive fee schedule , in section 440.34, Florida Statutes, the judge of compensation

Victor Soca v. Advanced Auto Parts and Sedgwick Claims etc.

185 So. 3d 1258

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3038327

Published

to tax costs against Claimant. See § 440.34(3), Fla. Stat. (2009). Claimant, believing that

ThyssenKrupp Elevator Corp. and Sedgwick CMS v. Randy Blackmon

180 So. 3d 250, 2015 WL 9590330

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3025214

Published

Appellee’s entitlement to fees is based on section 440.34(5), . Florida Statutes, which states:

Jennings v. Habana Health Care Center

183 So. 3d 1131, 2015 Fla. App. LEXIS 19393, 2015 WL 9438007

District Court of Appeal of Florida | Filed: Dec 28, 2015 | Docket: 60252937

Published

petition for litigation costs. She relies on section 440.34(3), Florida Statutes (2014), which provides

Pierre Raymond Edmond v. Avis Budget Group, Inc./ CNA Claim Plus

178 So. 3d 432

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991530

Published

Employer/Carrier (E/C). Under the provisions of section 440.34, Florida Statutes (2012), the Judge of Compensation

Nealy v. Florida Department of Revenue

171 So. 3d 201, 2015 Fla. App. LEXIS 11648, 2015 WL 4624040

District Court of Appeal of Florida | Filed: Aug 4, 2015 | Docket: 60249684

Published

litigation to prevailing party is mandatory under section 440.34(3)). Claimant argues that some of the costs

Maria Suarez v. Steward Enterprises and Travelers Ins. Co.

164 So. 3d 132

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656167

Published

Claimant would not be the prevailing party. See § 440.34(3), Fla. Stat. Further, because the EMA is not

Coleman v. American Airlines

183 So. 3d 1065, 2015 Fla. App. LEXIS 5883, 2015 WL 1811892

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 60252916

Published

Employer/Carrier (E/C) under section 440.34(3), Florida Statutes (2011). Under section 440.34(3), a prevailing party

Evelina Cuenca v. Nova Southeastern University and York etc.

160 So. 3d 941, 2015 WL 1578254

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650258

Published

Claimant’s attorney a $1,500 attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and

Leonardo Urguelles v. El Oasis Cafe and Technology Ins. Co.

162 So. 3d 1057

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650246

Published

the monetary value of past benefits secured. Section 440.34(1), Florida Statutes (2012), provides that

Jovita Cortes-Martinez v. Palmetto Vegetable Co., LLC

159 So. 3d 934, 2015 WL 1021122

District Court of Appeal of Florida | Filed: Mar 9, 2015 | Docket: 2640375

Published

Claims (JCC) erred in her interpretation of section 440.34, Florida Statutes (2009). Because we agree

Walker v. Perry

162 So. 3d 253, 2015 WL 798958

District Court of Appeal of Florida | Filed: Feb 26, 2015 | Docket: 60247460

Published

settlement of his workers’-compensation claims under section 440.34, Florida Statutes (2003), and this court’s

PHILLIP S. LANE v. Workforce Business Services, Inc. etc., etal

151 So. 3d 537, 2014 WL 5836805

District Court of Appeal of Florida | Filed: Nov 11, 2014 | Docket: 2595564

Published

a statutory guideline attorney’s fee under section 440.34, Florida Statutes (2011). Claimant also claimed

Panzer Law, P. A. v. Palm Beach County School District

150 So. 3d 823, 2014 WL 5099434

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443353

Published

the version extant both in 2006 and in 2008, section 440.34 provided “that a claimant shall be entitled

Juan E. Rivas v. Oasis Outsourcing, Inc and Sedgwick etc.

147 So. 3d 670

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310557

Published

Claimant’s attorney a $1,500 attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and

Johns Eastern Co. v. Bellamy

138 So. 3d 1138, 2014 WL 1921756, 2014 Fla. App. LEXIS 7169

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240499

Published

motion for appellate attorney’s fees under section 440.34(5), Florida Statutes (2011), conditioned on

Lord v. Santa Rosa Correctional Institute

135 So. 3d 1170, 2014 WL 1641072, 2014 Fla. App. LEXIS 6054

District Court of Appeal of Florida | Filed: Apr 24, 2014 | Docket: 60239457

Published

that benefit had already been stipulated to. See § 440.34, Fla. Stat. (1999). The JCC based his ruling largely

Neville v. J.C. Penney Corp.

135 So. 3d 525, 2014 WL 1306586, 2014 Fla. App. LEXIS 4834

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60239679

Published

each of the statutory factors enumerated in section 440.34(1)[, Florida Statutes].” Wheeler v. S. Fla

Jones v. Shadow Trailers, Inc.

134 So. 3d 1136, 2014 Fla. App. LEXIS 3766, 2014 WL 1017957

District Court of Appeal of Florida | Filed: Mar 18, 2014 | Docket: 60239049

Published

the Employer/Carrier (E/C) as provided for in section 440.34(3)(a), Florida Statutes (2012). We affirm.

Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management

122 So. 3d 440, 2013 WL 5302584, 2013 Fla. App. LEXIS 15084

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234695

Published

Legislature’s deletion of the word "reasonable” in section 440.34 was a direct response to the supreme court’s

Owen v. City of Key West

118 So. 3d 1005, 2013 WL 4482460, 2013 Fla. App. LEXIS 13304

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60232880

Published

one-whether the JCC erred in concluding that section 440.34(1), Florida Statutes, prohibited her from approving

Travelers Insurance v. Armstrong

118 So. 3d 865, 2013 WL 3441529, 2013 Fla. App. LEXIS 10934

District Court of Appeal of Florida | Filed: Jul 9, 2013 | Docket: 60233456

Published

JCC erred in awarding attorney’s fees and costs. § 440.34(2), Fla. Stat. (2010). Accordingly, the order

Jacobson v. Southeast Personnel Leasing, Inc.

113 So. 3d 1042, 2013 WL 2421065, 2013 Fla. App. LEXIS 8936, 38 Fla. L. Weekly Fed. D 1242

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231403

Published

(E/C’s) motion to tax costs against him under section 440.34(3), Florida Statutes (2007), and deny Claimant’s

Neville v. JC Penney Corp.

130 So. 3d 235, 2013 WL 2149628, 2013 Fla. App. LEXIS 8042

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60237691

Published

attorney fee by the Employer/Carrier (E/C) under section 440.34(3)(b), Florida Statutes (2008), based on petitions

Serrano v. Del Air

114 So. 3d 1038, 2013 WL 1926406, 2013 Fla. App. LEXIS 7605

District Court of Appeal of Florida | Filed: May 10, 2013 | Docket: 60231718

Published

limitation on award of attorney’s fees found in section 440.34, Florida Statutes (2009)). WOLF, VAN NORTWICK

Escambia County School District/Board v. Vickery-Orso

109 So. 3d 1242, 2013 WL 1316535, 2013 Fla. App. LEXIS 5442

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60229480

Published

fees for defending this appeal pursuant to section 440.34(5), Florida Statutes (2007), because it is

Valera v. Florida Keys Aqueduct Authority

109 So. 3d 305, 2013 WL 811843, 2013 Fla. App. LEXIS 3622

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229556

Published

determining the amount of each party’s costs under section 440.34(3), Florida Statutes (2009), and offsetting

Hillsborough County School Board v. Kubik

110 So. 3d 928, 2013 WL 614183, 2013 Fla. App. LEXIS 2777

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60230522

Published

denies the E/SA prevailing-party costs, under section 440.34(3). We affirm the award of a one-time change

Oliver v. Dunn

100 So. 3d 1187, 2012 Fla. App. LEXIS 18483, 2012 WL 5233476

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60225551

Published

which she seeks attorney’s fees, as required by section 440.34, Florida Statutes (2007). Because competent

Frederick v. Monroe County School Board

99 So. 3d 983, 2012 WL 4746524, 2012 Fla. App. LEXIS 16832

District Court of Appeal of Florida | Filed: Oct 5, 2012 | Docket: 60313325

Published

recovery of $16,044.10 in litigation costs under section 440.34(3), Florida Statutes. Palm Beach County Sch

Pineda v. Rio Pinar Health Care Center

91 So. 3d 266, 2012 WL 2549843, 2012 Fla. App. LEXIS 10686

District Court of Appeal of Florida | Filed: Jul 3, 2012 | Docket: 60309874

Published

reference to the formula mandate set out in section 440.34(1), Florida Statutes (2007). Because the JCC

Palm Beach County School District v. Blake-Watson

91 So. 3d 176, 2012 WL 1912414, 2012 Fla. App. LEXIS 8559

District Court of Appeal of Florida | Filed: May 29, 2012 | Docket: 60309826

Published

based on the November PFB never attached under section 440.34(3), Florida Statutes (2008), which provides

Hernandez v. PALMETTO GENERAL HOSPITAL

60 So. 3d 1084, 2011 Fla. App. LEXIS 4373, 2011 WL 1167203

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 2364700

Published

costs to the employer/carrier (E/C) pursuant to section 440.34(3), Florida Statutes, related to the voluntarily

McDermott v. United Parcel Service/Liberty Mutual

57 So. 3d 933, 2011 Fla. App. LEXIS 4180, 36 Fla. L. Weekly Fed. D 640

District Court of Appeal of Florida | Filed: Mar 28, 2011 | Docket: 60299206

Published

testify; he only offered argument to that effect. Section 440.34(l)(b), Florida Statutes (Supp.1996), requires

McDermott v. United Parcel Service/Liberty Mutual

57 So. 3d 933, 2011 Fla. App. LEXIS 4180, 36 Fla. L. Weekly Fed. D 640

District Court of Appeal of Florida | Filed: Mar 28, 2011 | Docket: 60299206

Published

testify; he only offered argument to that effect. Section 440.34(l)(b), Florida Statutes (Supp.1996), requires

Kauffman v. Community Inclusions, Inc.

57 So. 3d 919, 2011 Fla. App. LEXIS 3910, 2011 WL 1045112

District Court of Appeal of Florida | Filed: Mar 23, 2011 | Docket: 60299196

Published

at 1351-52, Laws of Fla. The new law amended section 440.34, Florida Statutes (2008), by deleting “reasonable”

Hernandez v. Manatee County Government/Commercial Risk Management, Inc.

50 So. 3d 57, 2010 Fla. App. LEXIS 18673, 2010 WL 4967711

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297320

Published

party the reasonable cost of such proceedings.” § 440.34(3), Fla. Stat. (2003); see F.A. Richard & Assocs

Interstate Brands Corp./Broadspire v. Blanco

50 So. 3d 665, 2010 Fla. App. LEXIS 18679, 2010 WL 4829955

District Court of Appeal of Florida | Filed: Nov 30, 2010 | Docket: 2399211

Published

only 5% of benefits secured after 10 years. See § 440.34(1), Fla. Stat. (1995). The JCC, however, again

South Florida Express Bankserv, Inc. v. Aponte

44 So. 3d 651, 2010 WL 3655895

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2399914

Published

award appellate attorney's fees to claimants. See § 440.34(5), Fla. Stat. (2002). See also City of Miami

Gomar v. Ridenhour Concrete and Supply

42 So. 3d 855, 2010 Fla. App. LEXIS 11695, 2010 WL 3119939

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1647262

Published

applying the post-October 1, 2003, version of section 440.34(3) to a claim with a pre-October 1, 2003, date

Deese v. Clay County Board of County Commissioners

43 So. 3d 781, 2010 Fla. App. LEXIS 11412, 2010 WL 3062845

District Court of Appeal of Florida | Filed: Aug 5, 2010 | Docket: 60295476

Published

Appellant was taxed $6,575.26 in costs pursuant to section 440.34(3), Florida Statutes. The cost order was not

Castellon v. RC ALUMINUM INDUSTRIES, INC.

40 So. 3d 39, 2010 Fla. App. LEXIS 9199, 2010 WL 2541703

District Court of Appeal of Florida | Filed: Jun 25, 2010 | Docket: 1667095

Published

any proceedings arising under this chapter." See § 440.34(1), Fla. Stat. (2007). Moreover, section 440.105(3)(c)

Sandvik, Inc. v. DECOURSEY

31 So. 3d 931, 2010 Fla. App. LEXIS 4174, 2010 WL 1379534

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1468064

Published

it is entitled to an award of costs under section 440.34(3), Florida Statutes. We disagree. Pursuant

Jackson v. Ryan's Family Steak House

27 So. 3d 90, 2009 Fla. App. LEXIS 19986, 2009 WL 4912644

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 2410995

Published

containing his analysis of the statutory factors in section 440.34(l)(a)-(f), Florida Statutes (2002) and, after

Smith v. AMS STAFF LEASING

29 So. 3d 1142, 2009 Fla. App. LEXIS 17083, 2009 WL 3787095

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1643397

Published

request for attorney’s fees and costs. Under section 440.34(3) and (3)(d), costs and attorney’s fees shall

Zaldivar v. Shaboun

19 So. 3d 397, 2009 Fla. App. LEXIS 13122, 2009 WL 2777097

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60254610

Published

statute does not limit the time for recovery. See § 440.34, Fla. Stat. (2002).2 In Villazano, the judge had

King v. PARKER HANNIFIN CORP.

17 So. 3d 785, 2009 Fla. App. LEXIS 11224, 2009 WL 2448005

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 247922

Published

Claimant's entitlement to attorney's fees under section 440.34(3)(d)[1] remains pending for resolution by

Chandler v. Centex Rooney Construction Co.

15 So. 3d 837, 2009 Fla. App. LEXIS 10131, 2009 WL 2191377

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 1660304

Published

also requested attorneys’ fees pursuant to section 440.34(3)(a)-(d), Florida Statutes (2002). E/C denied

Capps v. INDUSTRIAL BLOWPIPE

8 So. 3d 466, 2009 Fla. App. LEXIS 3379, 2009 WL 1044939

District Court of Appeal of Florida | Filed: Apr 21, 2009 | Docket: 1654631

Published

appellate attorney's fees and costs pursuant to section 440.34(3)(a) and (5), Florida Statutes (1983). We

Chance v. Polk County School Board

4 So. 3d 71, 2009 Fla. App. LEXIS 1533, 2009 WL 438816

District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 60295096

Published

awarded reasonable costs to the E/C pursuant to section 440.34(3), Florida Statutes. The JCC applied the incorrect

Molina v. Alpha Staff Group, Inc.

1 So. 3d 393, 2009 Fla. App. LEXIS 1003, 2009 WL 290517

District Court of Appeal of Florida | Filed: Feb 9, 2009 | Docket: 60224878

Published

with the statutory fee guideline set forth in section 440.34(1), Florida Statutes. We hold the JCC erred

Jennings v. NATIONAL LINEN SERVICES

995 So. 2d 1153, 2008 WL 5101671

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 73574

Published

denies attorney's fees and costs. Pursuant to section 440.34(3)(a), Florida Statutes (1997), we affirm.

Pruden v. Herbert Contractors, Inc.

988 So. 2d 135, 2008 Fla. App. LEXIS 12891, 2008 WL 2901344

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 64855377

Published

reasons that, under the 2003 amendments to section 440.34, Florida Statutes, the amount of the attorney’s

CTL Distribution, Inc. v. Wood

979 So. 2d 402, 2008 WL 1774157

District Court of Appeal of Florida | Filed: Apr 21, 2008 | Docket: 1406747

Published

workers' compensation claimant's entitlement under section 440.34(3)(b), Florida Statutes (1999), to attorney's

F.A. Richard & Associates v. Fernandez

975 So. 2d 1224, 2008 Fla. App. LEXIS 3309, 2008 WL 623399

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 64853993

Published

denied the E/C’s Motion to Tax Costs pursuant to section 440.34(3), Florida Statutes (2005), where the E/C

Serrano v. City of Tampa City Claims

967 So. 2d 423, 2007 Fla. App. LEXIS 17234, 2007 WL 3166946

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 64852812

Published

the “benefits secured” to Serrano pursuant to section 440.34(1), Florida Statutes (2003). However, the judge

La Petite Academy v. Duprey

948 So. 2d 868, 2007 Fla. App. LEXIS 1358, 2007 WL 306137

District Court of Appeal of Florida | Filed: Feb 5, 2007 | Docket: 64849122

Published

attorney’s fee which violates the plain language of section 440.34, Florida Statutes, and second, that the JCC

Nash v. AMR Corp.

937 So. 2d 1205, 2006 Fla. App. LEXIS 15426, 2006 WL 2657360

District Court of Appeal of Florida | Filed: Sep 18, 2006 | Docket: 64846885

Published

moved for appellate attorney’s fees pursuant to section 440.34(3)(b), Florida Statutes (2000), and Florida

Tipton v. E-Z Serve Convenience Stores Inc.

936 So. 2d 48, 2006 Fla. App. LEXIS 12321, 31 Fla. L. Weekly Fed. D 1969

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64846204

Published

attorney’s fee or reimbursable taxable costs under section 440.34(3)(a), Florida Statutes, permitting fees be

Tucker v. Fedex

931 So. 2d 222, 2006 Fla. App. LEXIS 9691, 2006 WL 1627679

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 64845398

Published

attorney’s fee to *223which Claimant was entitled. See § 440.34(2), Fla. Stat. (2005). We affirm. It is well settled

TRANSPORTATION CAS. INS. CO. v. Feldman

927 So. 2d 947, 2006 Fla. App. LEXIS 3552, 2006 WL 626061

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 2574905

Published

worker's compensation cases are governed by section 440.34, Florida Statutes (1991). See Aetna Ins. Co

Rivera v. Miami-Dade County School Board

916 So. 2d 920, 2005 Fla. App. LEXIS 18418, 2005 WL 3095511

District Court of Appeal of Florida | Filed: Nov 21, 2005 | Docket: 64841408

Published

appellant’s petition for attorney’s fees under section 440.34(3)(a) without further comment. However, because

Twitty v. Rack Room Shoes

881 So. 2d 1164, 2004 Fla. App. LEXIS 12178, 2004 WL 1845504

District Court of Appeal of Florida | Filed: Aug 19, 2004 | Docket: 64832486

Published

continuing treatment for Twitty’s right-knee injury. Section 440.34(3)(b), Florida Statutes (1997), authorizes

Cheney v. Changes International

867 So. 2d 1258, 2004 Fla. App. LEXIS 3496, 2004 WL 524887

District Court of Appeal of Florida | Filed: Mar 18, 2004 | Docket: 64828884

Published

from the presumptively fair fee determined in section 440.34(1), Florida Statutes (1999). We agree and,

Race v. Orange County Fire Rescue

852 So. 2d 924, 2003 Fla. App. LEXIS 12493, 2003 WL 21980550

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 64824445

Published

final order denying attorney’s ' fees under section 440.34(3)(a), Florida Statutes.. We reverse. Appellant

Thompson v. Awnclean USA, Inc.

849 So. 2d 1129, 2003 Fla. App. LEXIS 10850, 2003 WL 21663685

District Court of Appeal of Florida | Filed: Jul 17, 2003 | Docket: 64824041

Published

appear. See § 440.13(5)(d), Fla. Stat.; compare § 440.34(3), Fla. Stat. (permitting the JCC to tax the

Levine, Busch, Schnepper & Stein, P.A. v. Pool Piling Enterprises

847 So. 2d 1039, 2003 Fla. App. LEXIS 7393, 2003 WL 21146094

District Court of Appeal of Florida | Filed: May 20, 2003 | Docket: 64823423

Published

obtaining compensation benefits for the claimant. See § 440.34(4), Fla. Stat. (2002) (“In such cases in which

Stromas v. Champion International

828 So. 2d 495, 2002 Fla. App. LEXIS 15491

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 64818299

Published

services of claimant’s attorney pursuant to section 440.34(3)(a), Florida Statutes (1999). We find particularly

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

in excess of the statutory guidelines under section 440.34, Florida Statutes, the attorney shall file

Michels v. Orange County Fire/Rescue

804 So. 2d 557, 2002 Fla. App. LEXIS 271, 2002 WL 63334

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64811607

Published

upon the benefits secured by his attorney. See § 440.34(2), Fla. Stat. (1997); see also Wiseman v. AT

Smurfit-Stone Container Corp. v. Taylor

786 So. 2d 1207, 2001 Fla. App. LEXIS 7575, 2001 WL 584343

District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 64805944

Published

entitled to recover an attorney’s fee under section 440.34(3)(a), Florida Statutes (1997), which provides:

Florida Hospital v. Taylor

784 So. 2d 601, 2001 Fla. App. LEXIS 7012, 2001 WL 521337

District Court of Appeal of Florida | Filed: May 17, 2001 | Docket: 64805237

Published

Desiree Taylor, now known as Desiree Boen, under section 440.34(3)(c), Florida Statutes (1997). Florida Hospital

Public Health Trust/Jackson Memorial Hospital v. Spencer

826 So. 2d 995, 2001 Fla. App. LEXIS 113, 2001 WL 20738

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64817697

Published

1186 (Fla.1985). We give plain meaning to section 440.34(1), Florida Statutes (1993), which provides

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

in support of the petition pursuant' founder section 440.34, Florida Statutes, including an opinion as

HRS District I v. Bedford

767 So. 2d 667, 2000 Fla. App. LEXIS 12661, 2000 WL 1459697

District Court of Appeal of Florida | Filed: Oct 3, 2000 | Docket: 64800521

Published

fee to the claimant’s attorney pursuant to section 440.34(3)(c), Florida Statutes (1987). The employer

Romano Bros. Construction v. Striker

754 So. 2d 911, 2000 WL 370140

District Court of Appeal of Florida | Filed: May 8, 2000 | Docket: 64796349

Published

departing from the statutory fee schedule under section 440.34(1), Florida Statutes (1991), the judge considered

Crawford & Co. v. Nash

754 So. 2d 145, 2000 Fla. App. LEXIS 3458, 2000 WL 296525

District Court of Appeal of Florida | Filed: Mar 23, 2000 | Docket: 64796149

Published

attorney was entitled to a fee award pursuant to section 440.34(3)(b), Florida Statutes (Supp.1994), because

Wheeler v. South Florida State Hospital

752 So. 2d 1285, 2000 Fla. App. LEXIS 3311, 2000 WL 290095

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 64795772

Published

below the statutory percentages specified in section 440.34(1), Florida Statutes. Although we conclude

Vilches v. City of Dunedin

738 So. 2d 990, 1999 Fla. App. LEXIS 9517, 1999 WL 496150

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 64789950

Published

employer/servicing agent (E/SA) pursuant to section 440.34(3)(b), Florida Statutes (Supp.1990) for fees

Richardson v. Showell Farms

734 So. 2d 590, 1999 Fla. App. LEXIS 8277, 1999 WL 410324

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 64788612

Published

and costs based on a medical-only claim under section 440.34(3)(a), Florida Statutes (Supp.1994).1 E/C opposed

Volusia County Fire Services v. Eaby

725 So. 2d 415, 1999 Fla. App. LEXIS 244, 1999 WL 12964

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64785932

Published

result, the instant case does not fall within section 440.34(3)(b), Florida Statutes (1995). We also cannot

State, Department of Labor & Employment Security v. Boise Cascade Corp.

795 So. 2d 967, 1998 Fla. App. LEXIS 11518, 1998 WL 597860

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64808990

Published

PER CURIAM. There was no legal basis under section 440.34(1), Florida Statutes (1973) for the assessment

Hendry County School Board v. Mitchell

716 So. 2d 814, 1998 Fla. App. LEXIS 9590, 1998 WL 422691

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64782455

Published

entitled to a fee at the appellants’ expense under section 440.34(3)(a) or (b), Florida Statutes (1995). Subsubsection

Corkery v. Best Wings of Cape Coral

707 So. 2d 884, 1998 Fla. App. LEXIS 2144, 1998 WL 93949

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779705

Published

she is entitled to an award of costs on remand. § 440.34(3), Fla. Stat. (1995). Ms. Corkery is also entitled

PALM BEACH COUNTY SCHOOL BD. v. Paulk

705 So. 2d 37, 1997 WL 740728

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 1577073

Published

tendering the fee. Appellant points out that under section 440.34(6), Florida Statutes (1989), which has since

Rea v. 7-11 Stores/Southland Corp.

704 So. 2d 120, 1997 Fla. App. LEXIS 11569, 1997 WL 634140

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64778240

Published

claimant’s counsel an attorney’s fee under section 440.34(1), Florida Statutes (1985), the judge of compensation

Indian River County School Board v. Baker

695 So. 2d 898, 1997 Fla. App. LEXIS 6989, 1997 WL 338840

District Court of Appeal of Florida | Filed: Jun 23, 1997 | Docket: 64774361

Published

an order awarding attorneys’ fee pursuant to section 440.34(3)(b), Florida Statutes (1991). This statute

ABC Liquors, Inc. v. Acree

695 So. 2d 813, 1997 Fla. App. LEXIS 5666, 1997 WL 274260

District Court of Appeal of Florida | Filed: May 27, 1997 | Docket: 64774311

Published

of fees recurs on remand, we point out that section 440.34, Florida Statutes (1973), would govern any

Levine, Busch, Schnepper & Stein, P.A. v. Winn Dixie Stores, Inc.

695 So. 2d 798, 1997 Fla. App. LEXIS 5132, 1997 WL 243400

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774302

Published

E/C), to pay them attorney’s fees pursuant to section 440.34, Florida Statutes (1989). Levine, Busch contends

Johnson v. Ocala Geriatric Center

695 So. 2d 802, 1997 Fla. App. LEXIS 5126, 1997 WL 244739

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774304

Published

[consideration of the statutory factors found in section 440.34(1) ], this court has considered the action

Brown v. Jupiter Hospital

695 So. 2d 406, 1997 Fla. App. LEXIS 5130, 1997 WL 243416

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774203

Published

obtained in the successful prosecution of a claim. § 440.34(l)(d), Fla. Stat. (Supp.1990); Chevy v. Southeast

Woll v. Federal Express Corp.

693 So. 2d 127, 1997 Fla. App. LEXIS 4997, 1997 WL 240923

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773344

Published

to attorney’s fees payable by the e/sa under section 440.34(3)(b), Florida Statutes (Supp.1990), and if

National Linen Service v. Tolliver

686 So. 2d 797, 1997 Fla. App. LEXIS 259, 1997 WL 26475

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 64770472

Published

proceeding conducted under the auspices of section 440.34, Florida Statutes; accordingly, the fees are

Florida Mining & Materials v. Holley

677 So. 2d 997, 1996 Fla. App. LEXIS 8650, 1996 WL 455562

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64766512

Published

remand for additional findings as required by section 440.34, Florida Statutes. See Barco Vending Co. v

Mays v. Packers

677 So. 2d 992, 1996 Fla. App. LEXIS 8386, 1996 WL 454789

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64766508

Published

for attorney’s fees, which was filed under section 440.34(3)(a), Florida Statutes (1989), in connection

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

all other allegations -of fact-pursuant to section 440.34, Florida Statutes. — At the request-of any

Gilbert Southern Corp. v. Frye

674 So. 2d 798, 1996 Fla. App. LEXIS 4706, 1996 WL 225797

District Court of Appeal of Florida | Filed: May 7, 1996 | Docket: 64765040

Published

Claims (JCC). The JCC awarded fees pursuant to section 440.34(3)(b), Florida Statutes (1991). This statute

Bartlett v. Dade County School Board

672 So. 2d 607, 1996 Fla. App. LEXIS 4099, 1996 WL 194422

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 64764069

Published

Contracting, 588 So.2d 307 (Fla. 1st DCA 1991); § 440.34(3), Fla.Stat. (1991). The appealed order is accordingly

King v. Winn Dixie Stores, Inc.

666 So. 2d 948, 1995 Fla. App. LEXIS 13396, 1995 WL 761035

District Court of Appeal of Florida | Filed: Dec 28, 1995 | Docket: 64761697

Published

attorney’s fee should have been awarded pursuant to section 440.34(3), Fla. Stat. (1987). The claimant sustained

Marion County School Board v. Griffin

667 So. 2d 358, 1995 Fla. App. LEXIS 11990, 1995 WL 678117

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 64761960

Published

consideration all of the factors set forth in section 440.34, Florida Statutes; and that Employer and Carrier

Wright v. Industrial Automotive

662 So. 2d 1321, 1995 Fla. App. LEXIS 11581, 1995 WL 642666

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760198

Published

appeal that reference to “filing of a claim” in section 440.34, Florida Statutes (1994 Supp.) should properly

Ralston v. Circle K

659 So. 2d 1380, 1995 Fla. App. LEXIS 9543, 1995 WL 529200

District Court of Appeal of Florida | Filed: Sep 11, 1995 | Docket: 64758600

Published

appeals a workers’ compensation order by which a section 440.34(3)(b), Florida Statutes (1991), attorney’s

Fernandez v. City of Tampa

656 So. 2d 575, 1995 Fla. App. LEXIS 6587, 1995 WL 360708

District Court of Appeal of Florida | Filed: Jun 19, 1995 | Docket: 64757243

Published

entitled to an award of bad faith attorney’s fees, section 440.34(3)(b), Florida Statutes (1983), because appellee

Mehrer v. Creative Hairdressers, Inc.

659 So. 2d 333, 1995 Fla. App. LEXIS 3188, 1995 WL 132333

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 1462579

Published

an award of appellate attorney's fees under section 440.34(5), Florida Statutes (1991). By the terms of

Mehrer v. Creative Hairdressers, Inc.

659 So. 2d 333, 1995 Fla. App. LEXIS 3188, 1995 WL 132333

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 1462579

Published

an award of appellate attorney's fees under section 440.34(5), Florida Statutes (1991). By the terms of

Florida Power Corp. v. Ussery

652 So. 2d 886, 1995 Fla. App. LEXIS 2482, 1995 WL 104509

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 64755216

Published

faith attorney’s fees to appellee Ussery under section 440.34(3)(b), Florida Statutes (1987): “For the purposes

Dilme v. Sbp Service, Inc.

649 So. 2d 934, 1995 Fla. App. LEXIS 986, 1995 WL 49268

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 64754084

Published

applies to an award of attorney’s fees under section 440.34, Florida Statutes, is without merit. Liability

Straw v. Steve Moore Chevrolet

651 So. 2d 708, 1995 Fla. App. LEXIS 868, 1995 WL 44313

District Court of Appeal of Florida | Filed: Feb 7, 1995 | Docket: 64754848

Published

litigated it to resolution, a fee is due under section 440.34(3)(b). In addition, the JCC erroneously ruled

Corporate Service, Inc. v. Justus

648 So. 2d 844, 1995 Fla. App. LEXIS 152, 1995 WL 13435

District Court of Appeal of Florida | Filed: Jan 17, 1995 | Docket: 64753455

Published

under section 440.34(3)(b), Florida Statutes (1989). We conclude that in applying the section 440.34(1)

City of Miami v. Harrison

647 So. 2d 1062, 1994 Fla. App. LEXIS 12803, 1994 WL 712739

District Court of Appeal of Florida | Filed: Dec 23, 1994 | Docket: 64753076

Published

fee of $16,500.00 to be paid by the employer.” § 440.34, Fla. Stat. We affirm the order in part and reverse

City of Lakeland v. Loveland

647 So. 2d 997, 1994 Fla. App. LEXIS 12540, 1994 WL 704812

District Court of Appeal of Florida | Filed: Dec 20, 1994 | Docket: 64753058

Published

Agent (E/SA) pay attorney’s fees pursuant to section 440.34(3)(a), Florida Statutes (1987) based on the

City of Ocala v. McFall

645 So. 2d 1128, 1994 Fla. App. LEXIS 12203, 1994 WL 697970

District Court of Appeal of Florida | Filed: Dec 15, 1994 | Docket: 64752402

Published

An attorney’s fee is awardable pursuant to section 440.34(3)(b), Florida Statutes (1989). The claimant

Department of Transportation/Division of Risk Management v. Logan

645 So. 2d 127, 1994 Fla. App. LEXIS 11012, 1994 WL 630793

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 64752173

Published

attorney’s fee to claimant’s counsel, pursuant to section 440.34(1), Florida Statutes (1987), for time expended

Chery v. Southeast Service Corp.

644 So. 2d 148, 1994 Fla. App. LEXIS 10397, 1994 WL 577392

District Court of Appeal of Florida | Filed: Oct 24, 1994 | Docket: 64751602

Published

for an award of attorney’s fees pursuant to section 440.34, Florida Statutes (Supp.1990). The order ruled

Steel Fabricators, Inc. v. Jordan

643 So. 2d 35, 1994 Fla. App. LEXIS 8830, 1994 WL 497307

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64751217

Published

must be limited to the percentage formula in section 440.34(1), Florida Statutes (1989). However, in departing

Rolle v. Metropolitan Dade County

642 So. 2d 100, 1994 Fla. App. LEXIS 8632, 1994 WL 478705

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64750636

Published

So.2d 454 (Fla.1968), as later codified in section 440.34(l)(a)-(h), Florida Statutes (1977); (2) for

Law Office of James E. Dusek, P.A. v. T.R. Enterprises

644 So. 2d 509, 1994 Fla. App. LEXIS 6312, 1994 WL 284106

District Court of Appeal of Florida | Filed: Jun 29, 1994 | Docket: 64751779

Published

services which he performed prior to discharge. § 440.34(4), Fla.Stat. (1991). See Sohn v. Brockington

Gates Energy Products v. Wheeler

637 So. 2d 1000, 1994 Fla. App. LEXIS 5560, 1994 WL 244525

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 64748861

Published

attorney’s fees, with the latter being based on Florida Statute 440.34(3)(b). The position of the employer/carrier

Reza v. Ultra Brake, Inc.

637 So. 2d 984, 1994 Fla. App. LEXIS 5340, 1994 WL 241735

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64748855

Published

attorney fees pursuant to § 440.34(3)(b), Fla.Stat. (1989), and costs pursuant to § 440.34(3), Fla.Stat. (1989)

Metric Constructors, Inc. v. Boyles

633 So. 2d 1167, 1994 Fla. App. LEXIS 2519, 1994 WL 86487

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 64747039

Published

formula amount established by the legislature in section 440.-34(1), Florida Statutes (1989). The order under

Machacon v. Velda Farms Dairy

632 So. 2d 93, 1994 Fla. App. LEXIS 411, 1994 WL 24090

District Court of Appeal of Florida | Filed: Feb 1, 1994 | Docket: 64746440

Published

attorney’s fee should have been awarded under section 440.34(3)(b), Florida Statutes (1991). In computing

Jordan v. American Gypsum

627 So. 2d 557, 1993 Fla. App. LEXIS 12045, 1993 WL 490849

District Court of Appeal of Florida | Filed: Nov 30, 1993 | Docket: 64744390

Published

explanation of the basis of the award, as required by section 440.34, Florida Statutes (1989). The appealed order

Cardona v. Commercial Building Maintenance, Inc.

626 So. 2d 335, 1993 Fla. App. LEXIS 11528, 1993 WL 469431

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64743941

Published

JCC’s award or denial of attorney’s fees under section 440.34(3), is whether the findings on which the award

Jones v. Petland Orlando S.

622 So. 2d 1114, 1993 WL 299509

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528967

Published

JCC to reconsider these matters on remand. Section 440.34(3)(a), Fla. Stat. REVERSED and REMANDED for

Central Maintenance & Welding v. Simmons

621 So. 2d 514, 1993 Fla. App. LEXIS 7050, 1993 WL 247129

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 64697651

Published

carrier had acted in bad faith. Pursuant to section 440.34(3)(b), Florida Statutes (1987), which applies

Campbell v. Chemical Tank Lines

620 So. 2d 266, 1993 Fla. App. LEXIS 7509, 1993 WL 242665

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697070

Published

court having jurisdiction over the proceedings. § 440.34(1), Fla.Stat. (1991). BARFIELD and MICKLE, JJ

Westinghouse Electric v. Widlan

623 So. 2d 511, 1993 Fla. App. LEXIS 4351, 1993 WL 116707

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64698434

Published

specifically whether bad faith existed. See section 440.-34(3)(b), Florida Statutes (1987). In response

City of Daytona Beach v. Ashley

616 So. 2d 608, 1993 Fla. App. LEXIS 3864, 1993 WL 102152

District Court of Appeal of Florida | Filed: Apr 8, 1993 | Docket: 64695415

Published

obtained through legal representation. We reverse. Section 440.34(2), Florida Statutes, provides: In awarding

FEISC v. Special Disability Trust Fund

615 So. 2d 859, 1993 WL 77419

District Court of Appeal of Florida | Filed: Mar 22, 1993 | Docket: 1185311

Published

would have no obligation to pay fees under section 440.34(3), Florida Statutes (1991). The Division looked

FEISC v. Special Disability Trust Fund

615 So. 2d 859, 1993 WL 77419

District Court of Appeal of Florida | Filed: Mar 22, 1993 | Docket: 1185311

Published

would have no obligation to pay fees under section 440.34(3), Florida Statutes (1991). The Division looked

Barco Vending Co. v. Villalonga

608 So. 2d 128, 1992 Fla. App. LEXIS 11540, 1992 WL 324873

District Court of Appeal of Florida | Filed: Nov 10, 1992 | Docket: 64691791

Published

found as follows: [A]s a starting point under F.S. 440.34, I have considered Mr. Harum’s opinion that benefits

Wackenhut Corp. v. Schisler

606 So. 2d 1250, 1992 Fla. App. LEXIS 11157, 1992 WL 308625

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 64670924

Published

this finding is not supported by the evidence. Section 440.34(3)(b), Florida Statutes (Supp.1986), which

Royal Services, Inc. v. Smith

605 So. 2d 588, 1992 Fla. App. LEXIS 10347, 1992 WL 240612

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670060

Published

including an analysis of each factor set forth in section 440.34(l)(a)-(h), Florida Statutes (1987). We reverse

Georgia-Pacific Corp. v. DeLoach

603 So. 2d 702, 1992 Fla. App. LEXIS 9181, 1992 WL 201060

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 64669311

Published

agreed that the 1985 version of the fee statute (Section 440.34, Florida Statutes) could be used for both the

O'Brien v. Allstate Insurance Co.

602 So. 2d 701, 1992 Fla. App. LEXIS 8925, 1992 WL 191325

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669035

Published

lacks adequate factual findings to comply with section 440.34, Florida Statutes. Appellee has filed a motion

Kirkland v. Northwest Florida Regional Housing Authority

596 So. 2d 1259, 1992 Fla. App. LEXIS 4497, 1992 WL 76401

District Court of Appeal of Florida | Filed: Apr 15, 1992 | Docket: 64666654

Published

filed a claim for attorney’s fees pursuant to section 440.34(3)(b), Florida Statutes (1985), on the ground

McClure v. GOLDMAN, KLASFELD

594 So. 2d 353, 1992 WL 42458

District Court of Appeal of Florida | Filed: Mar 9, 1992 | Docket: 1741969

Published

claimant sought a bad faith attorney's fee under section 440.34(3)(b), Florida Statutes (1987). Various benefits

Sawyer v. Dover Cylinder Head Co.

593 So. 2d 279, 1992 Fla. App. LEXIS 500, 1992 WL 10904

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 64665127

Published

accordance with the statutory formula set forth in section 440.34, Florida Statutes. We reverse. The claimant

Leather Shop v. Mills

592 So. 2d 744, 1992 Fla. App. LEXIS 497, 1992 WL 3688

District Court of Appeal of Florida | Filed: Jan 14, 1992 | Docket: 64664733

Published

a direct result of his attorney’s efforts. Section 440.34, Florida Statutes (1985),2 provides in pertinent

Dobbs v. Suncoast Acoustics

590 So. 2d 7, 1991 WL 248694

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1512647

Published

pursuant to the guideline formula established in Section 440.34(1), Florida Statutes (1987), and that the JCC

General Kinetics v. Butts

586 So. 2d 1331, 1991 Fla. App. LEXIS 13974, 1991 WL 199936

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 64662146

Published

application of the statutory formula set forth in section 440.34(1), Florida Statutes. We reverse, and remand

Clay Hyder Trucking v. Lastinger

586 So. 2d 1082, 1991 Fla. App. LEXIS 5725, 1991 WL 109694

District Court of Appeal of Florida | Filed: Jun 21, 1991 | Docket: 64662102

Published

Karen O. Emmanuel, a reasonable fee under Florida Statute 440.34(3)(b) for services to her client in this

Sumter Co. Bd. of County ComMissioners v. Groover

579 So. 2d 796, 1991 Fla. App. LEXIS 4393, 1991 WL 75613

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658796

Published

the injured worker has suffered economic loss.” § 440.34(3)(b), Fla.Stat. (1985). The statute further requires

Florida Refreshment & General Adjustment Bureau v. Whaley

577 So. 2d 1368, 1991 Fla. App. LEXIS 3173, 1991 WL 46831

District Court of Appeal of Florida | Filed: Apr 8, 1991 | Docket: 64658042

Published

the purpose of awarding attorney’s fees under section 440.34(3)(a), Florida Statutes. We do not agree with

Florida Foreign Parts, Inc. v. Hernandez

576 So. 2d 1376, 1991 Fla. App. LEXIS 3075, 1991 WL 46849

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 64657596

Published

PER CURIAM. The award of attorney fees under section 440.34(3)(c), Florida Statutes, is REVERSED. The remainder

Publix Supermarkets, Inc. v. Walker

576 So. 2d 904, 1991 Fla. App. LEXIS 2732, 1991 WL 39304

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 64657465

Published

thereby entitling claimant to a fee under section 440.34(3)(c), Florida Statutes (1987). AFFIRMED. SMITH

Pilon v. Okeelanta Corp.

574 So. 2d 1200, 1991 Fla. App. LEXIS 1238, 1991 WL 17936

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64656508

Published

depart from the fee schedule provided for in section 440.34(1), Florida Statutes (1989). Claimant timely

Sandestin Beach Resort v. Kever

573 So. 2d 98, 1991 Fla. App. LEXIS 52, 1991 WL 564

District Court of Appeal of Florida | Filed: Jan 3, 1991 | Docket: 64655866

Published

the award of an attorney’s fee to claimant. Section 440.34(3)(c), Florida Statutes provides that a claimant

Occidental Chemical Co. v. Howard

570 So. 2d 1126, 1990 Fla. App. LEXIS 9185, 1990 WL 197978

District Court of Appeal of Florida | Filed: Dec 10, 1990 | Docket: 64654825

Published

and found that the scheduled fee set out in section 440.34, Florida Statutes was appropriate “in that

Monterey Builders v. Garcia

566 So. 2d 1364, 1990 Fla. App. LEXIS 7230, 1990 WL 136870

District Court of Appeal of Florida | Filed: Sep 18, 1990 | Docket: 64653136

Published

employer/carrier is $4,000 together with costs.” Section 440.34(2), Florida Statutes, states that “[i]n awarding

Monterey Builders v. Garcia

566 So. 2d 1364, 1990 Fla. App. LEXIS 7230, 1990 WL 136870

District Court of Appeal of Florida | Filed: Sep 18, 1990 | Docket: 64653136

Published

employer/carrier is $4,000 together with costs.” Section 440.34(2), Florida Statutes, states that “[i]n awarding

Southern Erectors, Inc. v. Gay

558 So. 2d 1099, 1990 Fla. App. LEXIS 2304, 1990 WL 39857

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64649180

Published

statute for workers’ compensation cases is Section 440.34, Florida Statutes. We have previously held

Greene v. Maharaja of India, Inc.

558 So. 2d 461, 1990 Fla. App. LEXIS 1575, 1990 WL 25953

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 64648852

Published

the JCC does not have the discretion under Section 440.-34(1), Florida Statutes (1981), to adjust an attorney’s

Cunningham v. AT & T Technologies

553 So. 2d 768, 14 Fla. L. Weekly 2885, 1989 Fla. App. LEXIS 7093, 1989 WL 152156

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 64646958

Published

the guideline attorney fee as prescribed by section 440.34(1), Florida Statutes (1979); and (2) that the

Shop & Go, Inc. v. Copeland

549 So. 2d 803, 14 Fla. L. Weekly 2333, 1989 Fla. App. LEXIS 5522, 1989 WL 117130

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 64645309

Published

award of attorney’s fees for bad faith under section 440.34(3)(b), Florida Statutes (1987), and the award

Loomis v. Bernard & Berk Industrial Services, Inc.

550 So. 2d 124, 14 Fla. L. Weekly 2337, 1989 Fla. App. LEXIS 5339, 1989 WL 113245

District Court of Appeal of Florida | Filed: Oct 3, 1989 | Docket: 64645493

Published

*126agrees that a fee is not due pursuant to section 440.34(3)(a), Florida Statutes, but urges that the

Yarbrough v. Ben Hill Griffin, Inc.

548 So. 2d 280, 14 Fla. L. Weekly 2052, 1989 Fla. App. LEXIS 4940, 1989 WL 101069

District Court of Appeal of Florida | Filed: Sep 1, 1989 | Docket: 64644631

Published

claim for attorney’s fees made pursuant to section 440.34(1), Florida Statutes (1977), was denied. Claimant

Fumigation Department v. Pearson

547 So. 2d 352, 14 Fla. L. Weekly 1918, 1989 Fla. App. LEXIS 4690, 1989 WL 91939

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 64644230

Published

concur in awarding an attorney’s fee pursuant to Section 440.34(5), Florida Statutes. However, I dissent from

Alterman Transport Lines v. Rust

547 So. 2d 337, 14 Fla. L. Weekly 1904, 1989 Fla. App. LEXIS 4608, 1989 WL 90492

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 64644219

Published

affirm the award of attorney’s fee and costs. Section 440.34(3)(c), Florida Statutes (1987). However, we

Prestressed Decking Corp. v. Medrano

545 So. 2d 403, 14 Fla. L. Weekly 1397, 1989 Fla. App. LEXIS 3285

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 64643275

Published

denominated a bad faith *404award pursuant to section 440.34(3)(b), Florida Statutes, so as to be entirely

Tenneco, Inc. v. Giese

544 So. 2d 1099, 14 Fla. L. Weekly 1396, 1989 Fla. App. LEXIS 3244, 1989 WL 61535

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 64643142

Published

the deputy awarded a fee in accordance with section 440.34(3)(a), Florida Statutes, for employer/carrier’s

Fleetwood Homes of Florida v. Biagiano

543 So. 2d 459, 14 Fla. L. Weekly 1284, 1989 Fla. App. LEXIS 3033, 1989 WL 57836

District Court of Appeal of Florida | Filed: May 25, 1989 | Docket: 64642638

Published

the statutory award of attorney’s fees under section 440.34(3)(c) Florida Statutes, [see Chesney v. National

Cohen v. T & M Auto Service

542 So. 2d 452, 14 Fla. L. Weekly 1073, 1989 Fla. App. LEXIS 2407, 1989 WL 46726

District Court of Appeal of Florida | Filed: Apr 28, 1989 | Docket: 64642134

Published

Sierra v. Sierra, 505 So.2d 432 (Fla.1987) and section 440.34(5), this Court granted appellant entitlement

Straker v. Port Charlotte Excavating

540 So. 2d 155, 14 Fla. L. Weekly 639, 1989 Fla. App. LEXIS 1266, 1989 WL 19560

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 64641134

Published

bad faith existed, despite the admonition of Section 440.-34(3)(b), Florida Statutes, that “[a]ny determination

Orlando Precast Products v. Ciofalo

537 So. 2d 1043, 14 Fla. L. Weekly 184, 1989 Fla. App. LEXIS 190, 1989 WL 2051

District Court of Appeal of Florida | Filed: Jan 13, 1989 | Docket: 64640166

Published

ordered to pay attorney’s fees pursuant to section 440.34(3)(c), Florida Statutes, with jurisdiction

Mele v. Superior Pontiac GMC, Inc.

536 So. 2d 348, 14 Fla. L. Weekly 157, 1988 Fla. App. LEXIS 5724, 1988 WL 138507

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 64639500

Published

evaluate the statutory factors enumerated in Section 440.34(l)(a-h), Florida Statutes, and to indicate

Von Hartman v. Publix Supermarkets

534 So. 2d 938, 13 Fla. L. Weekly 2739, 1988 Fla. App. LEXIS 5567, 1988 WL 133937

District Court of Appeal of Florida | Filed: Dec 16, 1988 | Docket: 64638982

Published

awarding a $15,000 attorney fee pursuant to Section 440.34(l)(a-h), Florida Statutes (1987). Although

Jordan v. Martines Corp.

534 So. 2d 806, 13 Fla. L. Weekly 2574, 1988 Fla. App. LEXIS 5227, 1988 WL 124707

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 64638903

Published

(E/C) did not act in bad faith pursuant to section 440.34(3)(b), Florida Statutes, finding $1,224.61

Frederick v. Times Publishing Co.

533 So. 2d 827, 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4566, 1988 WL 106311

District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 64638531

Published

considered the evidence presented, the provisions of Section 440.34, Florida Statutes, and the criteria outlined

Booker v. Lane's Texaco Service

530 So. 2d 416, 13 Fla. L. Weekly 1991, 1988 Fla. App. LEXIS 3813, 1988 WL 87449

District Court of Appeal of Florida | Filed: Aug 24, 1988 | Docket: 64636703

Published

which would allow the award of fees under Section 440.-34(3)(b), Florida Statutes. Also raised, but not

The Florida Bar

535 So. 2d 243, 1988 Fla. LEXIS 1479, 1988 WL 135851

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 64639166

Published

with all other allegations of fact pursuant to Section 440.34, Florida Statutes. At the request of any party

City of Miami v. Watkins

530 So. 2d 380, 13 Fla. L. Weekly 1886, 1988 Fla. App. LEXIS 3657, 1988 WL 81955

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 64636700

Published

occurred in 1981. The applicable fee statute was section 440.34(3)(b), Florida Statutes (1981), providing for

Morris v. Metal Industries/Hewitt Coleman & Associates

529 So. 2d 756, 13 Fla. L. Weekly 1637, 1988 Fla. App. LEXIS 3047, 1988 WL 72177

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 64636377

Published

for bad faith attorney’s fees, pursuant to section 440.34, Florida Statutes. We reverse the denial of

Taylor v. Fulmer-Orlando

528 So. 2d 1224, 13 Fla. L. Weekly 1592, 1988 Fla. App. LEXIS 2960, 1988 WL 70562

District Court of Appeal of Florida | Filed: Jul 8, 1988 | Docket: 64636207

Published

benefits secured by the claimant’s attorney, section 440.34(1), Florida Statutes; School Board of Collier

Johnson v. Marriott Hotel

523 So. 2d 730, 13 Fla. L. Weekly 916, 1988 Fla. App. LEXIS 1485, 1988 WL 31698

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 64634201

Published

McDonald, 395 So.2d 203 (Fla. 1st DCA 1981). Section 440.34(3)(b), Florida Statutes (1983), allows a claimant

Burke's Eat-A-bite Restaurant v. Hodges

522 So. 2d 449, 13 Fla. L. Weekly 652, 1988 Fla. App. LEXIS 1047, 1988 WL 20594

District Court of Appeal of Florida | Filed: Mar 11, 1988 | Docket: 64633665

Published

“establish anew any of the requisite grounds under section 440.34(3) in connection with such claim.” Samper,

Castle Garden Exxon v. Campbell

519 So. 2d 49, 13 Fla. L. Weekly 189, 1988 Fla. App. LEXIS 181, 1988 WL 2631

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 64632183

Published

of attorney’s fees to claimant’s attorney. See § 440.34(3)(c), Fla.Stat. (1983). Claimant shall also be

Sun Pac Foods, Inc. v. Brumbles

518 So. 2d 359, 12 Fla. L. Weekly 2908, 1987 Fla. App. LEXIS 11713, 1987 WL 3215

District Court of Appeal of Florida | Filed: Dec 18, 1987 | Docket: 64631979

Published

for a partial lump-sum advance pursuant to Section 440.34(2), Florida Statutes (1979). In making this

Vista Properties of Vero v. Heumann

516 So. 2d 1032, 12 Fla. L. Weekly 2811, 1987 Fla. App. LEXIS 11498, 1987 WL 2637

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 64631503

Published

err in taxing costs against the employer. See section 440.34(3), Fla.Stat. (Supp.1980). AFFIRMED in part

Charles Sales Corp. v. Filmore

518 So. 2d 304, 12 Fla. L. Weekly 2567, 1987 Fla. App. LEXIS 10988, 1987 WL 1329

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64631968

Published

claimant’s attorney fees, apparently under Section 440.34(3)(b), Florida Statutes (1986), though the

Henry Crutchfield, Inc. v. Johnson

513 So. 2d 1355, 12 Fla. L. Weekly 2445, 1987 Fla. App. LEXIS 12333

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630262

Published

exception of the award of an attorney fee under section 440.34(3)(a), Florida Statutes (1981). This statutory

May v. Broward Correctional Institution

513 So. 2d 723, 12 Fla. L. Weekly 2291, 1987 Fla. App. LEXIS 10430

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64629946

Published

order denying a claim for attorney fees under section 440.34(3)(a), Florida Statutes (1983), is whether

Sam Bloom Plumbing Co. v. Boykin

513 So. 2d 193, 12 Fla. L. Weekly 2203, 1987 Fla. App. LEXIS 12171

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629769

Published

fees, costs, interest, and penalties under Section 440.34, Florida Statutes. REVERSED in part, AFFIRMED

City of Cocoa Beach v. Thompson

512 So. 2d 1033, 12 Fla. L. Weekly 2127, 1987 Fla. App. LEXIS 10172

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 64629597

Published

compensation order awarding attorney fees under section 440.34, Florida Statutes (1978), the employer and

Turnberry Isle Country Club v. Reyes

510 So. 2d 1012, 12 Fla. L. Weekly 1712, 1987 Fla. App. LEXIS 9283

District Court of Appeal of Florida | Filed: Jul 15, 1987 | Docket: 64628727

Published

hearing on attorney’s fees, as required by section 440.34(3)(b), Florida Statutes (1981), the evidence

Ross Adams VTN, Inc. v. Durandal

509 So. 2d 1207, 12 Fla. L. Weekly 1594, 1987 Fla. App. LEXIS 9454

District Court of Appeal of Florida | Filed: Jun 30, 1987 | Docket: 64628410

Published

independently pursued a claim for attorney’s fees under section 440.34, Florida Statutes. The claim was based on the

Barrett v. Grand Prix Motel

508 So. 2d 1334, 1987 Fla. App. LEXIS 9114, 12 Fla. L. Weekly 1566

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 64628132

Published

to provide medical attention for claimant. Section 440.-34(3)(a), Florida Statutes (1985), pro*1336vides

Haucke v. Oxford Development

507 So. 2d 712, 1987 Fla. App. LEXIS 8256, 12 Fla. L. Weekly 1268

District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627339

Published

prescribed by the sliding fee schedule contained in Section 440.34(1), Florida Statutes. Appellant challenges

Brown v. Hospitality Care Center & Aetna Life & Casualty Co.

506 So. 2d 1103, 12 Fla. L. Weekly 1170, 1987 Fla. App. LEXIS 8154

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64627000

Published

argues that the deputy commissioner misapplied section 440.34, Florida Statutes (1978), which governs the

Electrical Motor Service v. Tiralosi

506 So. 2d 98, 12 Fla. L. Weekly 1150, 1987 Fla. App. LEXIS 7954

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64626730

Published

of an appellate attorney’s fee, pursuant to section 440.34(5), Florida Statutes (1983). In support of

Femenella v. R.L. Schreiber Food, Inc.

519 So. 2d 1001, 12 Fla. L. Weekly 1033, 1987 Fla. App. LEXIS 7672, 1987 WL 356

District Court of Appeal of Florida | Filed: Apr 15, 1987 | Docket: 64632609

Published

proceedings. From this order, claimant appeals. Section 440.34(3)(b), Florida Statutes (1985), permits an

Combustion Engineering, Inc. v. Cote

505 So. 2d 533, 12 Fla. L. Weekly 896, 1987 Fla. App. LEXIS 7987

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 64626411

Published

attorney’s fees in the instant case pursuant to Section 440.34(3)(c), Florida Statutes, after the claimant

K-Mart v. Jones

502 So. 2d 495, 12 Fla. L. Weekly 495, 1987 Fla. App. LEXIS 6750

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 64625038

Published

subject to determination in a separate proceeding. § 440.34(3)(b), Fla.Stat. (1983). Claimant also concedes

Ntonados v. Nick Peppas Construction

498 So. 2d 653, 11 Fla. L. Weekly 2606, 1986 Fla. App. LEXIS 11397

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 64623526

Published

Allen sought entitlement to fees pursuant to section 440.34(1), Florida Statutes (1981), based on the bad

Chesnick v. City of Delray Beach

492 So. 2d 762, 11 Fla. L. Weekly 1702, 1986 Fla. App. LEXIS 9281

District Court of Appeal of Florida | Filed: Aug 6, 1986 | Docket: 64621017

Published

by application of the statutory guidelines, section 440.34(1), Florida Statutes (1983). For the reasons

City of Sanford v. Bradley

492 So. 2d 755, 11 Fla. L. Weekly 1688, 1986 Fla. App. LEXIS 9148

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 64621014

Published

the issue of attorney’s fees, we find that Section 440.34(1), Florida Statutes (1978 Supp.) applies as

Poole & Kent Co. v. Rhea

488 So. 2d 908, 11 Fla. L. Weekly 1191, 1986 Fla. App. LEXIS 8010

District Court of Appeal of Florida | Filed: May 22, 1986 | Docket: 64619510

Published

$70,800 in attorney’s fees in accordance with section 440.34, Florida Statutes. They appeal the amount of

Hubbert v. Abco Construction

488 So. 2d 889, 11 Fla. L. Weekly 1149

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 64619499

Published

issues. The claimant alleged bad faith under Section 440.34(3)(b), Florida Statutes, (1980 Supp.)1 as the

Avis Rent-A-Car Systems v. Hulbert

487 So. 2d 1168, 11 Fla. L. Weekly 984, 1986 Fla. App. LEXIS 7549

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 64619069

Published

connection with this appeal as authorized by section 440.-34(5), Florida Statutes (1983). Had a timely motion

Adelman Pipe & Steel Co. v. Vasquez

487 So. 2d 51, 11 Fla. L. Weekly 722, 1986 Fla. App. LEXIS 7047

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 64618765

Published

payable on the statutory percentage basis (Section 440.34(1), Florida Statutes (1981).)1 by the claimant

McCrory Stores, Inc. v. Cleghorn

487 So. 2d 1082, 11 Fla. L. Weekly 607, 1986 Fla. App. LEXIS 8404

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 64619044

Published

attorney’s fees pursuant to the provisions of section 440.34(3)(c), Florida Statutes (1981). Singletary

Antennas for Communication v. Compton

482 So. 2d 610, 11 Fla. L. Weekly 405, 1986 Fla. App. LEXIS 6354

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 64617175

Published

connec*611tion with this appeal as authorized by section 440.34(5), Florida Statutes (1983). Had a timely motion

Sonesta Beach Hotel v. Hinckley

483 So. 2d 102, 11 Fla. L. Weekly 407, 1986 Fla. App. LEXIS 6355

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 64617386

Published

by awarding claimant an attorney’s fee under section 440.34(3)(b) and (c), Florida Statutes (1983). We

City of Alachua v. Parrish

481 So. 2d 45, 11 Fla. L. Weekly 6, 1985 Fla. App. LEXIS 16888

District Court of Appeal of Florida | Filed: Dec 18, 1985 | Docket: 64616566

Published

them responsible for payment of attorneys fees. § 440.34(3)(c), Fla.Stat. (1983). As to Points 2 and 3

AT & T Technologies, Inc. v. Jackson

478 So. 2d 488, 10 Fla. L. Weekly 2541, 1985 Fla. App. LEXIS 16804

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615523

Published

consider the guidelines and factors set forth in § 440.34(l)(a)-(h), Fla.Stat. Therefore, we reverse the

State, Department of Public Health, Division of Risk Management v. Wilcox

478 So. 2d 850, 10 Fla. L. Weekly 2484, 1985 Fla. App. LEXIS 16639

District Court of Appeal of Florida | Filed: Nov 5, 1985 | Docket: 64615604

Published

DCA 1984), and which provided: Pursuant to Section 440.34(5), Florida Statutes (1983), and Rule 9.400(b)

Occidental Chemical Co. v. Neely

490 So. 2d 59, 10 Fla. L. Weekly 2364

District Court of Appeal of Florida | Filed: Oct 17, 1985 | Docket: 64620162

Published

may be properly awarded in this case under section 440.-34(3)(c), Florida Statutes (1981), since the employer/servicing

Clark v. Saralakes Estates

482 So. 2d 387, 10 Fla. L. Weekly 2303, 1985 Fla. App. LEXIS 16172

District Court of Appeal of Florida | Filed: Oct 8, 1985 | Docket: 64617105

Published

by appellees employer/carrier pursuant to section 440.-34(3)(a) or (c), Florida Statutes. We reverse

Florida Frozen Foods, Inc. v. Parks

475 So. 2d 1348, 10 Fla. L. Weekly 2291, 1985 Fla. App. LEXIS 16071

District Court of Appeal of Florida | Filed: Oct 2, 1985 | Docket: 64614466

Published

Parks on the ground of bad faith, pursuant to Section 440.34(3), Florida Statutes (1983). Under the particular

Coca-Cola Co. Foods Division v. Gamez

475 So. 2d 745, 10 Fla. L. Weekly 2212, 1985 Fla. App. LEXIS 15947

District Court of Appeal of Florida | Filed: Sep 24, 1985 | Docket: 64614242

Published

attorney’s fee from the employer or carrier under Section 440.34(2), Florida Statutes (1979). BOOTH, C.J., and

Dump All, Inc. v. Grossman

475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855

District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 64614323

Published

that Dr. Grossman may bring himself within Section 440.34, the fact that we find the deputy’s award of

Townhouse Buffet v. Jones

473 So. 2d 35, 10 Fla. L. Weekly 1830, 1985 Fla. App. LEXIS 14692

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 64613314

Published

resisted payment of compensation as required by section 440.34(1), Florida Statutes (1975). We can find no

Clay Hyder Trucking Lines, Inc. v. Manis

471 So. 2d 1329, 10 Fla. L. Weekly 1567, 1985 Fla. App. LEXIS 14866

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612871

Published

determined under the bad faith provi*1332sion of section 440.34, and the guidelines set forth in McDonald.

P. Tavilla Co. v. Sandoval

469 So. 2d 937, 10 Fla. L. Weekly 1334, 1985 Fla. App. LEXIS 14313

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 64612272

Published

directions to evaluate the factors enumerated in Section 440.34(l)(a-h), Florida Statutes (1983), and indicate

Swift & Co. v. Surrency

467 So. 2d 740, 10 Fla. L. Weekly 798, 1985 Fla. App. LEXIS 13162

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 64611475

Published

on June 29, 1982, rather than May 12, 1982. Section 440.34(2)(b), Florida Statutes (1979), requires a

Palumbo v. Metropolitan Dade County

465 So. 2d 647, 10 Fla. L. Weekly 764, 1985 Fla. App. LEXIS 13182

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610720

Published

a fee pursuant to Section 440.-34(3)(a), Florida Statutes (1983), or Section 440.34(3)(b), Florida Statutes

City Laundry & Linen Supply v. Coster

465 So. 2d 641, 10 Fla. L. Weekly 766, 1985 Fla. App. LEXIS 13178

District Court of Appeal of Florida | Filed: Mar 22, 1985 | Docket: 64610719

Published

calculated pursuant to the formula provided in Section 440.34(1), Florida Statutes (1977), would have been

John T. Minnema, Inc. v. Collins

464 So. 2d 1300, 10 Fla. L. Weekly 629, 1985 Fla. App. LEXIS 12875

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 64610451

Published

regarding the validity of the claim as required by Section 440.34(1), Florida Statutes (1978). However, because

Crawford v. P.C. Thompson Construction Co.

458 So. 2d 812, 9 Fla. L. Weekly 2243, 1984 Fla. App. LEXIS 15613

District Court of Appeal of Florida | Filed: Oct 26, 1984 | Docket: 64608015

Published

the statutory obligation of the carrier under Section 440.34, Florida Statutes (1957) to pay claimant’s

Aramburo v. Cargo Development, Inc.

455 So. 2d 567, 9 Fla. L. Weekly 1851, 1984 Fla. App. LEXIS 14860

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 64606702

Published

continued to be significant. For this reason, section 440.34, Florida Statutes, contains elaborate provisions

Klotz v. Southern Bakeries Co.

454 So. 2d 76, 9 Fla. L. Weekly 1796, 1984 Fla. App. LEXIS 14759

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 64606370

Published

attorney’s fee pursuant to the provisions of Section 440.-34, Florida Statutes (1977). We reverse. Claimant’s

Vic Potamkin Chevrolet v. Hernandez

454 So. 2d 71, 9 Fla. L. Weekly 1788, 1984 Fla. App. LEXIS 14703

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606363

Published

uncertainty has been based in part on the language of § 440.34(2), Florida Statutes (1983), pertaining to attorney’s

City of Ocala v. Collins

453 So. 2d 115, 1984 Fla. App. LEXIS 14428

District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64606014

Published

employer/servicing agent to pay attorney’s fees pursuant to Section 440.34(3)(b), Florida Statutes (1983). Wage loss benefits

Nathan, Kimball, King & Levine v. Moss

451 So. 2d 940, 1984 Fla. App. LEXIS 13476

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 64605469

Published

litigated as a separate issue as required by section 440.34(3)(b), Florida Statutes (1983). See Embry-Riddle

Stainless Equipment Co. v. McCaslin

452 So. 2d 76, 1984 Fla. App. LEXIS 13361

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 64605618

Published

attorney’s fee on appeal is granted pursuant to section 440.34(5), Florida Statutes, in the sum of $2,000

City of Miami v. Mazur

449 So. 2d 986, 1984 Fla. App. LEXIS 13036

District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 64604570

Published

75 percent, not 100 percent of the fee under section 440.34(1), Florida Statutes, and that there is no

G & W Wood Products v. Parrott

447 So. 2d 407, 1984 Fla. App. LEXIS 12379

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 64603722

Published

reasonable costs of the proceedings as provided in section 440.34(3), Florida Statutes. The deputy commissioner’s

King Motor Co. v. Parisi

445 So. 2d 1074, 1984 Fla. App. LEXIS 12009

District Court of Appeal of Florida | Filed: Feb 21, 1984 | Docket: 64603134

Published

economic loss, pursuant to the requirements of § 440.34(3)(b), Fla.Stat. (1981). We agree with the D/C

Trophy World, Inc. v. Gonzalez

444 So. 2d 1146, 1984 Fla. App. LEXIS 11677

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 64602606

Published

awarding attorney’s fees to Gonzalez based on Section 440.34(3)(b), Florida Statutes (1981). We find that

Travelers Ins. Co. v. Taylor

444 So. 2d 39

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 452165

Published

the attorney's fee against the E/C pursuant to § 440.34(3), Fla. Stat., the claimant is responsible for

Agrico Chemical Co. v. Tyler

439 So. 2d 970, 1983 Fla. App. LEXIS 22727

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64600288

Published

is not due under the criteria enunciated in section 440.34, Florida Statutes. We do not interpret paragraph

Georgia Pacific Corp. v. Butler

438 So. 2d 916, 1983 Fla. App. LEXIS 22410

District Court of Appeal of Florida | Filed: Sep 29, 1983 | Docket: 64599986

Published

awarding “bad faith” attorney’s fees pursuant to section 440.34(2)(b), Florida Statutes (1979). We affirm.

Keyfetz v. Smith

436 So. 2d 1045, 1983 Fla. App. LEXIS 19562

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 64599237

Published

attorney’s fee was properly awardable under Section 440.34(3)(c), Florida Statutes (1981). In connection

Brice Building Co. v. Bracken

436 So. 2d 1046, 1983 Fla. App. LEXIS 21613

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 64599238

Published

awarded payment of attorney’s fees pursuant to § 440.34(2)(b), Florida Statutes. We conclude that the

Wendy's of Brevard v. Stickney

436 So. 2d 346, 1983 Fla. App. LEXIS 20126

District Court of Appeal of Florida | Filed: Aug 12, 1983 | Docket: 64599090

Published

is without merit. Although we have held that Section 440.34(2)(b), Florida Statutes, does not require a

Custodis Construction v. Register

435 So. 2d 947, 1983 Fla. App. LEXIS 20022

District Court of Appeal of Florida | Filed: Aug 3, 1983 | Docket: 64598845

Published

Orange News & Mission Insurance Co. v. Price

435 So. 2d 933, 1983 Fla. App. LEXIS 19948

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 64598835

Published

carrier’s “bad faith” handling of this claim, § 440.34(2)(b), Fla-Stat. (1979), is flawed by factual

Jackson v. Dade County School Board

433 So. 2d 1367, 1983 Fla. App. LEXIS 19846

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 64598078

Published

claimant’s motion for attorney’s fees pursuant to section 440.34, Fla.Stat. (1979). No motion to tax costs was

Barosy v. Landscape Crane

433 So. 2d 656, 1983 Fla. App. LEXIS 19721

District Court of Appeal of Florida | Filed: Jun 27, 1983 | Docket: 64597857

Published

had suffered no economic loss as required by Section 440.34(2)(b), Florida Statutes (1979), the deputy

McKinney v. Edward J. Gerrits, Inc.

433 So. 2d 1255, 1983 Fla. App. LEXIS 19733

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64598065

Published

should pay the attorney’s fees awarded under section 440.34(1), Florida Statutes (1978). This court noted

Altman & Sons Farms v. Rivera

434 So. 2d 14, 1983 Fla. App. LEXIS 19734

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64598093

Published

and acted in bad faith in handling the claim. § 440.-34(2)(b), Florida Statutes (1979). The record reflects

Orlando Hyatt House v. Neal

433 So. 2d 605, 1983 Fla. App. LEXIS 19561

District Court of Appeal of Florida | Filed: Jun 10, 1983 | Docket: 64597834

Published

that some improvement may occur in the future. Section 440.34, Fla.Stat. (Supp.1978) provides that if the

McDonalds Corp. v. Doty

431 So. 2d 291, 1983 Fla. App. LEXIS 19348

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 64596964

Published

claim for payment of a hospital bill. However, § 440.34(1), Florida Statutes (1977), conditions entitlement

McDonalds Corp. v. Doty

431 So. 2d 291, 1983 Fla. App. LEXIS 19348

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 64596964

Published

claim for payment of a hospital bill. However, § 440.34(1), Florida Statutes (1977), conditions entitlement

Miller v. Hospitality Care Center

431 So. 2d 254, 1983 Fla. App. LEXIS 19328

District Court of Appeal of Florida | Filed: May 9, 1983 | Docket: 64596950

Published

compensation cases when the criteria set out in § 440.34, Florida Statutes, are present. . We caveat

Coca-Cola Co.—Foods Division v. Isenhour

429 So. 2d 1356, 1983 Fla. App. LEXIS 20736

District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 64596488

Published

permanently totally disabled. A fee is clearly due, Section 440.34, Florida Statutes (1975). The amount was properly

All American Pools 'N Patio v. Zinnkann

429 So. 2d 733, 1983 Fla. App. LEXIS 18943

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 64596346

Published

claimant’s attorney is not entitled to a fee under section 440.34(1), Fla.Stat. (1977), because the 21 day period

Milhart Contractors v. Yoder

428 So. 2d 344, 1983 Fla. App. LEXIS 18898

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 64595745

Published

appellee contends the award was proper under Section 440.34(2)(a), Florida Statutes (1979), which permits

City of Tampa v. Kopkau

429 So. 2d 381, 1983 Fla. App. LEXIS 18908

District Court of Appeal of Florida | Filed: Mar 18, 1983 | Docket: 64596278

Published

claimant’s attorney a fee of $12,-500 pursuant to Section 440.34(2)(e), Florida Statutes (1979). We reverse

Tillman v. Mandalay Hotel

427 So. 2d 1090, 1983 Fla. App. LEXIS 18833

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 64595541

Published

affirm. We do not decide the issues interpreting Section 440.34, Florida Statutes (1979), raised by this appeal

Binimelis ex rel. Binimelis v. M.E.F. International Corp.

424 So. 2d 941, 1983 Fla. App. LEXIS 18433

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 64594528

Published

is “compensation” *943within the meaning of Section 440.34(1), and that the claimant was entitled to recover

Seaview Hotel v. Irizarry

424 So. 2d 127, 1982 Fla. App. LEXIS 21994

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 64594384

Published

findings of bad faith to support the award. Section 440.34(2)(b), Florida Statutes (1979), provides for

Public Health Trust/Jackson Memorial Hospital v. Cooper

424 So. 2d 131, 1982 Fla. App. LEXIS 21997

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 64594386

Published

all other respects, the order is affirmed. Section 440.34(2), Florida Statutes (1979), provides for the

Foster's Auto Crushing v. Wood

427 So. 2d 1009, 1982 Fla. App. LEXIS 21935

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 64595516

Published

attorney’s fees based on a finding of bad faith. § 440.-34(3)(b), Florida Statutes (1981). In Butch’s Concrete

Brevard County Mental Health Center v. Adams

431 So. 2d 167, 1982 Fla. App. LEXIS 21919

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64596926

Published

issue of when “notice” of a claim occurs under section 440.34(1), Florida Statutes (1977). The Latt Maxcy

Zoll v. Kentucky Fried Chicken

423 So. 2d 557, 1982 Fla. App. LEXIS 28657

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64593985

Published

finding of bad faith within the meaning of Section 440.34, Florida Statutes (1981). AFFIRMED. ROBERT

Greynolds Park Manor v. George

423 So. 2d 485, 1982 Fla. App. LEXIS 21778

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 64593955

Published

commissioner’s finding of bad faith under Section 440.-34(3)(b), Florida Statutes (1981), because of

South Florida State Hospital v. Anthon

423 So. 2d 461, 1982 Fla. App. LEXIS 21757

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 64593938

Published

through a separate factfinding proceeding. Section 440.34(2)(b), Florida Statutes (1979). Finally, the

S & H Fabricating & Engineering, Inc. v. Wamley

423 So. 2d 435, 1982 Fla. App. LEXIS 21811

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 64593927

Published

expenses to reimburse claimant’s attorney. Section 440.34(3), Florida Statutes (1981), provides in relevant

Xanadu Miami, Inc. v. Ingrao

422 So. 2d 982, 1982 Fla. App. LEXIS 21622

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593738

Published

the order states that all criteria set forth in § 440.34 and Lee Engineering were considered, there is

Exxon Office Systems Co., QWIP Division v. Lewis

422 So. 2d 955, 1982 Fla. App. LEXIS 21600

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64593727

Published

there any other basis for a fee award under section 440.34(2), Florida Statutes (1979). The award for

Fairfax Hotel v. Valdez

420 So. 2d 375, 1982 Fla. App. LEXIS 21370

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 64592529

Published

attorneys’ fees in workers’ compensation cases. Section 440.34(5), Florida Statutes (1981), gives this Court

Fairfax Hotel v. Valdez

420 So. 2d 375, 1982 Fla. App. LEXIS 21370

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 64592529

Published

attorneys’ fees in workers’ compensation cases. Section 440.34(5), Florida Statutes (1981), gives this Court

Venice Restaurant v. Thompson

420 So. 2d 886, 1982 Fla. App. LEXIS 21325

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592716

Published

awarding $2,000 attorney’s fees pursuant to section 440.34(2)(a), Florida Statutes (1979). We agree that

City of Cocoa v. Adams

419 So. 2d 720, 1982 Fla. App. LEXIS 21105

District Court of Appeal of Florida | Filed: Sep 14, 1982 | Docket: 64592162

Published

to pay claimant’s attorney’s fees pursuant to § 440.34(3)(b), Fla.Stat. We agree and reverse as to these

H & S Citrus, Inc. v. Revels

419 So. 2d 694, 1982 Fla. App. LEXIS 21048

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64592154

Published

days after notice of the claim as provided in Section 440.34(1), Florida Statutes (1977). Mr. Lloyd, attorney

Meridith Corp. v. Cooper

418 So. 2d 1157, 1982 Fla. App. LEXIS 20944

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 64591929

Published

compensation payments and that, pursuant to Section 440.34(1), Florida Statutes (1973), claimant’s attorney

Mueller v. Searcy

418 So. 2d 397, 1982 Fla. App. LEXIS 20966

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 64591788

Published

disability benefits. As to the attorney’s fee, section 440.-34, Florida Statutes (1971) is the statutory provision

West Florida Hospital v. Washington

418 So. 2d 1134, 1982 Fla. App. LEXIS 20884

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591921

Published

employer/carrier to pay attorney’s fees under section 440.-34(2)(c), Florida Statutes (1979), when “the major

Florida Welding & Erection Service v. Martin

417 So. 2d 1166, 1982 Fla. App. LEXIS 20882

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591669

Published

other basis for such an award in this case. Section 440.34(2)(c), Florida Statutes (1979). REVERSED. BOOTH

Florida Mining & Minerals v. Brantley

418 So. 2d 352, 1982 Fla. App. LEXIS 20825

District Court of Appeal of Florida | Filed: Aug 5, 1982 | Docket: 64591776

Published

attorney’s fees on appeal, contending that Section 440.34, Florida Statutes (1979 Amendment) is unconstitutional

Accoa Corp. v. Bird

418 So. 2d 314, 1982 Fla. App. LEXIS 20631

District Court of Appeal of Florida | Filed: Jul 27, 1982 | Docket: 64591770

Published

1982, the deputy using the statutory schedule, section 440.34(1), set that fee at $77,400, based on evidence

Lido Spa Hotel v. Perez

418 So. 2d 303, 1982 Fla. App. LEXIS 20567

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 64591768

Published

deputy commissioner the award of costs is proper. § 440.34, Florida Statutes (1979). With respect to attorney’s

Sears Termite & Pest Control v. Reeves

417 So. 2d 285, 1982 Fla. App. LEXIS 20527

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 64591360

Published

governed by the attorney’s fees provisions of Section 440.34(2), Florida Statutes (1979). Since this case

W & J Construction Corp. v. Green

416 So. 2d 859, 1982 Fla. App. LEXIS 20502

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 64591150

Published

be proper only pursuant to the provisions of Section 440.34, Florida Statutes (1979). BOOTH, WENTWORTH

Watkins Motor Lines, Inc. v. Privette

416 So. 2d 850, 1982 Fla. App. LEXIS 20458

District Court of Appeal of Florida | Filed: Jul 8, 1982 | Docket: 64591141

Published

to show that the carrier acted in bad faith. Section 440.34(3), Florida Statutes (1980); Embry-Riddle Aeronautical

T. J. Chastain Farms v. Kusiak

414 So. 2d 1187, 1982 Fla. App. LEXIS 20280

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 64590445

Published

attorney based upon the “bad faith” provision, Section 440.34(3)(b), Florida Statutes (Supp. 1980). A chronology

Colan's Restaurant v. Cranford

414 So. 2d 1135, 1982 Fla. App. LEXIS 29004

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590420

Published

claimant’s attorney would be proper only pursuant to Section 440.34, Florida Statutes (1979). BOOTH, WENTWORTH

Sparton Electronics v. Heath

414 So. 2d 642, 1982 Fla. App. LEXIS 20157

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 64590288

Published

obtained, costs were assessable against the E/C. Section 440.34(2), Florida Statutes (1979). The E/C contend

Becdel Industries v. Amaturo

417 So. 2d 1003, 1982 Fla. App. LEXIS 21199

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64591603

Published

whether an attorney’s fee is awardable under Section 440.34(2)(a-c), Florida Statutes (1979). Acevedo v

Webb v. Hills Van Service

414 So. 2d 262, 1982 Fla. App. LEXIS 20093

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590088

Published

the rules precludes the approval of a fee. Section 440.34, Florida Statutes, is a substantive provision

Chesney v. National Property Management

414 So. 2d 21, 1982 Fla. App. LEXIS 20051

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590013

Published

is due claimant’s counsel in this instance. Section 440.34(3)(c), Florida Statutes (1979), unambiguously

Chesney v. National Property Management

414 So. 2d 21, 1982 Fla. App. LEXIS 20051

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590013

Published

is due claimant’s counsel in this instance. Section 440.34(3)(c), Florida Statutes (1979), unambiguously

Blackburn Home Improvements v. Lebel

414 So. 2d 12, 1982 Fla. App. LEXIS 19872

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64590003

Published

for payment of claimant’s attorney’s fees. Section 440.34(2)(b), Florida Statutes (1979), provides for

McLarthy v. Shands Teaching Hospital

413 So. 2d 130, 1982 Fla. App. LEXIS 19890

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 64589592

Published

premium contribution made by the employer. Section 440.34, Florida Statutes (1973), requires the award

Rinker Materials Corp. v. Harris

413 So. 2d 105, 1982 Fla. App. LEXIS 19763

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64589585

Published

August 1, 1979, is governed by the provisions of § 440.34(2), Florida Statutes (1979). Laws of Florida,

Pic N Save Drug Co. v. Moore

412 So. 2d 410, 1982 Fla. App. LEXIS 19754

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589247

Published

justified under the “bad faith” provision, Section 440.34(2)(b), Florida Statutes, we determine that

Bill Watson's International Inn v. Claiborne

409 So. 2d 1208, 1982 Fla. App. LEXIS 19244

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64588001

Published

not entitle claimant to an attorney’s fee under § 440.-34(2)(c), Florida Statutes (1979). Four Quarters

Pate v. Maddox Foundry & Machine Works

414 So. 2d 524, 1982 Fla. App. LEXIS 19023

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 64590245

Published

in light of the increase in Pate’s benefits. Section 440.34. Accordingly, this cause is remanded for proceedings

Florida Manor v. Hurst

409 So. 2d 90, 1982 Fla. App. LEXIS 18967

District Court of Appeal of Florida | Filed: Jan 18, 1982 | Docket: 64587456

Published

for appellate attorney’s fees on authority of Section 440.34(5), Florida Statutes (1980 Supp.). As we pointed

Davis v. Raulerson & Sons, Inc.

407 So. 2d 1025, 1981 Fla. App. LEXIS 22131

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587083

Published

employer/carrier and the claimant pursuant to § 440.34, Florida Statutes (1978). On September 12, 1980

Seminole Inn v. Ray

408 So. 2d 1061, 1981 Fla. App. LEXIS 22110

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587395

Published

Even under the new attorney’s fee statute, Section 440.34, Florida Statutes (1979), requiring a claimant

Acevedo v. Ampco Products Co.

407 So. 2d 376, 1981 Fla. App. LEXIS 21982

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 64586799

Published

act in bad faith in handling the claim under Section 440.34(2)(b), Florida Statutes (1979). As a result

Ridge Pallets, Inc. v. John

406 So. 2d 1292, 1981 Fla. App. LEXIS 21991

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 64586678

Published

independently of the narrow fee allowances in Section 440.34 requires the employer and carrier to pay a

San Souci Construction Co. v. Hereford

406 So. 2d 1191, 1981 Fla. App. LEXIS 21642

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586614

Published

greater fee may reasonably be awarded under the Section 440.34(1) when a lawyer necessarily has devoted extraordinary

Walt Disney World Co. v. Molter

401 So. 2d 1170, 1981 Fla. App. LEXIS 20687

District Court of Appeal of Florida | Filed: Aug 10, 1981 | Docket: 64584352

Published

were paid within 21 days. Florida Statutes, Section 440.34(1) (1978 Supp.). We agree. This case is distinguishable

Don Greene Provisions, Inc. v. McKinsey

397 So. 2d 1056, 1981 Fla. App. LEXIS 19750

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 64582409

Published

entitled to a *1057$300.00 fee pursuant to Section 440.34(1), Florida Statutes. Employer/carrier urges

Sherwood Medical Industries v. Ward

397 So. 2d 396, 1981 Fla. App. LEXIS 19339

District Court of Appeal of Florida | Filed: Apr 22, 1981 | Docket: 64582136

Published

accordance with the guidelines set forth in Section 440.34(1), Florida Statutes (1977), and the factors

Bowe Septic Tank Service v. Grooms

397 So. 2d 721, 1981 Fla. App. LEXIS 19129

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 64582194

Published

had considered the various criteria listed in § 440.34(1), Florida Statutes, and Lee Engineering v. Fellows

Concrete v. Gray

396 So. 2d 236, 1981 Fla. App. LEXIS 20251

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 64581465

Published

determined Gray was entitled to a fee pursuant to Section 440.34(2)(c), Florida Statutes (1979), which permits

T. G. Lee Foods, Inc. v. Walker

395 So. 2d 252, 1981 Fla. App. LEXIS 19637

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64581011

Published

dismissed, it was not successfully prosecuted. Section 440.34, Florida Statutes (1977), provides that the

White Electrical Construction Co. v. Blacker

392 So. 2d 1009, 1981 Fla. App. LEXIS 19395

District Court of Appeal of Florida | Filed: Jan 27, 1981 | Docket: 64579842

Published

for Blacker’s attorney’s fee as provided in Section 440.34(1), Florida Statutes. Accordingly, the judgment

Munford, Inc. v. Wirick

392 So. 2d 377, 1981 Fla. App. LEXIS 18872

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579613

Published

identical retainer agreement. Although we stated that § 440.34, Florida Statutes, does not require successful

Jones v. K & L Contractors

392 So. 2d 375, 1981 Fla. App. LEXIS 18871

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579612

Published

contract to employ an attorney pursuant to Section 440.34, Fla.Stat. (1979). The application indicated

Orlando Upholstery v. Johnson

392 So. 2d 349, 1981 Fla. App. LEXIS 18866

District Court of Appeal of Florida | Filed: Jan 14, 1981 | Docket: 64579603

Published

agreement for prosecuting her claim. Pursuant to Section 440.34(1), Fla.Stat. (1979), a hearing was held and

St. Juste Mezadieu v. T & R Store Fixtures

391 So. 2d 252, 1980 Fla. App. LEXIS 18221

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579227

Published

voluntarily provided by the employer/carrier. Section 440.34(1), Fla.Stat. (1977), provides in part that

City Products Corp. v. Harris

389 So. 2d 1228, 1980 Fla. App. LEXIS 18069

District Court of Appeal of Florida | Filed: Nov 7, 1980 | Docket: 64578727

Published

appellee’s lawyer is not entitled to a fee pursuant to § 440.34, Florida Statutes (1977). We agree. The November

Fox v. W. S. Badcock Corp.

389 So. 2d 699, 1980 Fla. App. LEXIS 18039

District Court of Appeal of Florida | Filed: Oct 30, 1980 | Docket: 64578570

Published

City of Vero Beach, 365 So.2d 133 (Fla.1979); Section 440.34(2), Florida Statutes (1979). Here counsel failed

Sonitrol Southeast, Inc. v. Northcutt

386 So. 2d 76, 1980 Fla. App. LEXIS 17224

District Court of Appeal of Florida | Filed: Aug 4, 1980 | Docket: 64577450

Published

a question of apportioning attorney’s fees, Section 440.34, Florida Statutes (1978 Supp.), which was reserved

Orange State Marine v. Snack

382 So. 2d 1367, 1980 Fla. App. LEXIS 16475

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 64575815

Published

that the Judge awarded the fees pursuant to Section 440.34, Florida Statutes (1978), and that if the award

Louis v. Country Club of Aventura

379 So. 2d 1027, 1980 Fla. App. LEXIS 15936

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 64574283

Published

78-300, Laws of *1028Florida, which amended Section 440.34(1). That section, as amended, provides that

Coca-Cola Co. Foods Division v. Sutton

379 So. 2d 1319, 1980 Fla. App. LEXIS 15959

District Court of Appeal of Florida | Filed: Feb 14, 1980 | Docket: 64574424

Published

would qualify as filing a notice of controversy. § 440.34(1), Fla.Stat. (1975). ^Accordingly, to the extent

Murphy White Dairy v. Jordan

377 So. 2d 822, 1979 Fla. App. LEXIS 16190

District Court of Appeal of Florida | Filed: Dec 13, 1979 | Docket: 64573133

Published

to this claim, attorney’s fees are regulated by § 440.34(1), Fla.Stat., providing that fees may be recovered

Tinsley v. City of St. Petersburg

373 So. 2d 675, 1979 Fla. LEXIS 4760

Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 64571411

Published

section 9, Laws of Florida, which amended section 440.34, Florida Statutes (1975), to provide that the

Thomas v. City of Vero Beach

365 So. 2d 133, 1978 Fla. LEXIS 4937

Supreme Court of Florida | Filed: Sep 28, 1978 | Docket: 64567442

Published

benefits or compensation for the claimant. See Section 440.34(1), Florida Statutes (1975); Basford v. Florida

Ohio Casualty Group v. Parrish ex rel. Parrish

338 So. 2d 910, 1976 Fla. App. LEXIS 15786

District Court of Appeal of Florida | Filed: Nov 2, 1976 | Docket: 64555635

Published

of appellees’ attorney’s fees pursuant to Section 440.-34(1), Florida Statutes (1975). Affirmed and remanded

Lindsley Lumber & International Insurance v. Thomas

281 So. 2d 193, 1973 Fla. LEXIS 4974

Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 64533715

Published

entitled to an attorney’s fee pursuant to Fla.Stat. § 440.34, F.S.A. Accordingly, the petition for writ of

Henderson's Portion Pak v. Jones

281 So. 2d 342, 1973 Fla. LEXIS 5011

Supreme Court of Florida | Filed: Jun 13, 1973 | Docket: 64533798

Published

merits of the claim. This is so because Fla.Stat. § 440.34, F.S.A., only authorizes an attorney’s fee contingent

Lopez v. Airlift International Inc.

270 So. 2d 1, 1972 Fla. LEXIS 3120

Supreme Court of Florida | Filed: Nov 29, 1972 | Docket: 64529051

Published

constituted improperly stressed the fact F.S. Section 440.34(1), F.S.A., only allows a single fee, regardless

Johnson v. Brasington-Cadillac Oldsmobile, Inc.

265 So. 2d 8, 1972 Fla. LEXIS 3483

Supreme Court of Florida | Filed: Jun 14, 1972 | Docket: 64527021

Published

notice of the accident, as required by Fla.Stat. § 440.34(1), F.S.A., the Judge of Industrial Claims erred

Florida Industrial Commission v. Yell for Pennell, Inc.

253 So. 2d 918, 1971 Fla. App. LEXIS 5959

District Court of Appeal of Florida | Filed: Sep 21, 1971 | Docket: 64522808

Published

prayed for an allowance of attorney fees under § 440.34 Fla.Stat., F.S.A. A rule nisi as applied for by

Basford v. Florida Power & Light Co.

246 So. 2d 1, 1971 Fla. LEXIS 3836

Supreme Court of Florida | Filed: Mar 10, 1971 | Docket: 64519621

Published

in attorney’s fee was contemplated. Fla.Stat. § 440.34, F.S.A., provides for the award of attorney’s

Schollenberger v. City of Miami

241 So. 2d 385, 1970 Fla. LEXIS 2298

Supreme Court of Florida | Filed: Nov 25, 1970 | Docket: 64517592

Published

pay claimant’s attorneys’ fees under Fla.Stat. § 440.34(1), F.S.A., where it originally controverts the

Honeywell, Inc. v. Haley

216 So. 2d 745, 1968 Fla. LEXIS 2041

Supreme Court of Florida | Filed: Nov 27, 1968 | Docket: 64507705

Published

merits of the claim. This is so because F.S. Section 440.34, F.S.A. only authorizes an attorney’s fee contingent

Williams v. Lee

213 So. 2d 708, 1968 Fla. LEXIS 2137

Supreme Court of Florida | Filed: Jul 17, 1968 | Docket: 64506583

Published

disability was involved. We find that Fla.Stat. § 440.34(1), F.S.A. is applicable because the carrier did

McCormick v. Messink

208 So. 2d 113, 1968 Fla. App. LEXIS 5709

District Court of Appeal of Florida | Filed: Feb 23, 1968 | Docket: 64504478

Published

Florida. In his opinion, Justice Ervin stated: “Section 440.34(1) should be read in connection with Section

Florida Farm Bureau Casualty Insurance v. Morris Stevens Nurseries

203 So. 2d 167

Supreme Court of Florida | Filed: Oct 11, 1967 | Docket: 64502611

Published

not proper and is quashed. Florida Statutes Section 440.34 (1), F.S.A. provides only for payment of attorney’s

St. Francis Hospital, Inc. v. Feinberg

192 So. 2d 753, 1966 Fla. LEXIS 3172

Supreme Court of Florida | Filed: Nov 2, 1966 | Docket: 64499022

Published

be determined and awarded in a lump sum. F.S., § 440.34 F.S.A., Matera v. Gautier, Fla., *755133 So.2d

Poyntz v. William Adeimy, Inc.

190 So. 2d 745, 1966 Fla. LEXIS 3312

Supreme Court of Florida | Filed: Oct 5, 1966 | Docket: 64498296

Published

as he is concerned. The statutory purpose of Section 440.34(1), which is one of the few provisions of its

A. D. H. Building Contractors v. Steele

171 So. 2d 184

District Court of Appeal of Florida | Filed: Jan 19, 1965 | Docket: 64491855

Published

State v. Johnson, Fla.1960, 118 So.2d 223. Section 440.34(1), Fla.Stat., F.S.A., provides in substance

Comfort Springs v. Laiche

125 So. 2d 574, 1960 Fla. LEXIS 2067

Supreme Court of Florida | Filed: Dec 16, 1960 | Docket: 60196270

Published

repeat, notice of injury or injury alone under Section 440.34, Florida Statutes, F.S.A., is not sufficient

Standard Wholesale Grocery Co. v. Reppa

122 So. 2d 563, 1960 Fla. LEXIS 2284

Supreme Court of Florida | Filed: Jul 1, 1960 | Docket: 60195465

Published

before us, were properly allowed under F.S. Section 440.34(2), F.S.A. Those portions of the Commission’s

State ex rel. Hartford Accident & Indemnity Co. v. Johnson

118 So. 2d 223, 1959 Fla. LEXIS 1764

Supreme Court of Florida | Filed: Feb 24, 1960 | Docket: 60194363

Published

allowed was excessive. Petitioner refers us to Section 440.34(1), which reads as follows: “(1) If the employer

Maule Industries, Inc. v. Godbey

109 So. 2d 611, 1959 Fla. App. LEXIS 3107

District Court of Appeal of Florida | Filed: Mar 10, 1959 | Docket: 60191959

Published

here for review. The applicable statute, F.S. § 440.34(1), F.S.A., does not authorize an award of attorney’s

Paul Smith Construction Co. v. Florida Industrial Commission

93 So. 2d 735, 1957 Fla. LEXIS 3363

Supreme Court of Florida | Filed: Mar 13, 1957 | Docket: 64488901

Published

award of attorney’s fees under Florida Statutes, § 440.34, F.S.A. The facts are not in dispute. Claimant

Ferlita v. Florida Art Stucco Corp.

74 So. 2d 893, 1954 Fla. LEXIS 1186

Supreme Court of Florida | Filed: Oct 8, 1954 | Docket: 64485985

Published

for additional attorneys fees as provided by Section 440.34, on the ground that payment under Section 440

Cone Brothers Contracting Company v. Allbrook

16 So. 2d 165, 153 Fla. 872, 1944 Fla. LEXIS 440

Supreme Court of Florida | Filed: Jan 4, 1944 | Docket: 3261188

Published

this Court as authorized by Subsection (1) of Section 440.34 Fla. Stats. 1941. The record reflects that

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.