CASTELLANOS v. NEXT DOOR CO./AMERISURE INS.

No. 1D12-3639.

124 So.3d 392 (2013)

Marvin CASTELLANOS, Appellant, v. NEXT DOOR COMPANY/AMERISURE INSURANCE CO., Appellees.

District Court of Appeal of Florida, First District.

October 23, 2013.


Attorney(s) appearing for the Case

Richard A. Sicking , Coral Gables, Michael J. Winer of the Law Office of Michael J. Winer, P.A., Tampa, and Mark A. Touby of Touby, Grindal & Chait, P.L., Coral Gables, for Appellant.

Roberto Mendez of the Law Group of Mendez & Mendez, P.A., Hollywood, for Appellees.

Susan W. Fox of Fox & Loquasto, P.A., Orlando, and Richard W. Ervin of Fox & Loquasto, P.A., Tallahassee, for Florida Justice Association, Amicus Curiae.

Geoffrey Bichler of Bichler, Kelley, Oliver & Longo, P.L.L.C., Maitland, for Fraternal Order of Police, Amicus Curiae.

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, and Kenneth B. Schwartz of Kenneth Schwartz, P.A., West Palm Beach, for Florida Workers' Advocates, Amicus Curiae.

Christopher Smith , Tampa, for the Workers' Compensation Section of the Florida Bar, Amicus Curiae.


BENTON, J.

Constrained by the statutory formula set forth in section 440.34(1), Florida Statutes (2009), the judge of compensation claims awarded claimant's counsel an attorney's fee of only $164.54 for 107.2 hours of legal work reasonably necessary to secure the claimant's workers' compensation benefits. We do not disagree with the learned judge of compensation claims that the statute required this result, and are ourselves bound by precedent to uphold the award...

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