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SMITH v. GULF COAST HOSP.

No. 1D09-5161.

31 So.3d 297 (2010)

Stephanie SMITH, Appellant, v. GULF COAST HOSPITAL and Broadspire-Tampa, Appellees.

District Court of Appeal of Florida, First District.

March 31, 2010.

Attorney(s) appearing for the Case

Michael J. Valen of Thomas J. Ueberschaer, P.A., Pensacola, for Appellant.

Tracey J. Hyde of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Panama City, for Appellees.

WEBSTER, J.

In this workers' compensation appeal, claimant seeks review of an order awarding her attorney fees based on the customary hourly rate in the area, rather than the fee schedule set out in section 440.34(1), Florida Statutes (1999). Because we conclude the judge of compensation claims abused her discretion by doing so, we reverse, and remand with directions that the judge award claimant's attorney a fee in the amount established by applying the statutory...

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