FRANCO v. SCI AT PALMER CLUB AT PRESTANCIA

No. 1D07-1287.

989 So.2d 709 (2008)

Howard FRANCO, Appellant, v. SCI AT the PALMER CLUB AT PRESTANCIA and Zurich North America, Appellees.

District Court of Appeal of Florida, First District.

August 27, 2008.


Attorney(s) appearing for the Case

Keith A. Mann, Sarasota, and Bill McCabe, Longwood, for Appellant.

Cindy R. Galen of Eraclides, Johns, Hall, Gelman, Johannessen & Kempner, L.L.P., Sarasota, for Appellees.


PER CURIAM.

At issue in this workers' compensation case is whether claimant's attorney is entitled to be paid an attorney fee and costs by the employer/servicing agent (e/sa) under section 440.34(3)(b), Florida Statutes (2006). We find the Judge of Compensation Claims erred in denying entitlement to a fee and reverse and remand.

In determining whether claimant was entitled to an attorney fee from the e/sa, the JCC correctly found the petition was accepted...

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