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MILES-YOUNG v. STAFF MANAGEMENT SOLUTION, INC.

No. 1D08-2226.

1 So.3d 394 (2009)

Joyce R. MILES-YOUNG, Appellant, v. STAFF MANAGEMENT SOLUTION, INC. and Gallagher Bassett Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

February 9, 2009.

Attorney(s) appearing for the Case

Alex Lancaster of Lancaster & Eure, Sarasota, for Appellant.

Timothy D. Wolf of Fowler White Boggs Banker, Tampa, for Appellees.

HAWKES, C.J.

Claimant challenges an order of the Judge of Compensation Claims (JCC) awarding a fee in accordance with the statutory fee guideline set forth in section 440.34(1), Florida Statutes. We reverse.

The JCC correctly found the petition for benefits was not for medical benefits only. As a result, the JCC felt constrained to award as a fee a percentage of the benefits obtained, in accordance with the statutory guideline. At that time, the JCC did not...

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