Greetings, last week the 1st DCA issued a brief ruling regarding claimant attorney fees paid by the Employer/Carrier in Fox v. Sarasota Co. School Bd., 1D2023-3093 (Fla 1st DCA 2025). https://1dca.flcourts.gov/content/download/2453836/opinion/Opinion_2023-3093.pdf
In this case, the claim settled for $114,900 plus an E/C paid side fee of $60,308.72 and $24,691.28 in costs. The claimant’s attorney took the claimant-paid statutory guideline fee out of the settlement of $12,240. However, the JCC denied the E/C paid $60k side fee and costs, finding there was no proof that the claimant attorney was entitled to the fees/costs for securing benefits under the facts presented.
The 1st DCA made a distinction between Claimant paid fees and Employer/Carrier paid fees. The Court stated that a JCC’s review of a side stipulation for E/C paid fees extends only to the amount of the fees, not entitlement if the E/C stipulated to it. The DCA also stated that the JCC does not have any jurisdiction to deny a stipulation by the E/C to pay costs.
So, what does this mean for us? Potentially good and potentially bad I think.
On a positive note, it may enable us to settle more claims quicker. It seems many claimant attorneys were holding on to claims until they could secure benefits to ensure fee entitlement was ironclad and approved by the JCC. This increased litigation, especially depositions of adjusters, to confirm they were entitled to a fee so there was no question it would be approved. Also, there had been a delay in obtaining JCC approval on some claims due to an extra evidentiary hearing on fee entitlement after we agreed to a settlement, adding weeks if not months to claim durations.
However, a negative of this 1st DCA ruling could be an increase in demands for side E/C paid fees when it is questionable whether a fee is actually owed. While it is always the objective to settle a claim within our exposure and authority, we will need to make sure there is a reasonable argument a fee could be owed and the total amount remains a good resolution for the E/C.
The DCA ruling does say a JCC must still ensure the amount of the E/C paid fee is reasonable. This will hopefully ensure we do not see an increase in outrageous demands as the claimant’s attorney will still have to justify the amount of the fee.
As always please let me know if you have any questions.
Hope to see many of you at our firm’s 10th Annual Tampa CEU Dinner event on July 25.
Also please be sure to check our firm’s Events page for more upcoming FL, GA and TN CEU’s and events: https://eraclides.com/events/
Sincerely,
Morgan Indek | Managing Partner