JAMES A. FLOWERS, APPELLANT,
v.
ACOUSTI ENGINEERING COMPANY OF FLORIDA AND COMMERCIAL RISK MANAGEMENT, INC., APPELLEES
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The court reversed the Judge of Compensation Claims' denial of a workers' compensation stipulation because the JCC failed to provide the parties due notice and opportunity to be heard before rejecting their agreed attorney's fees and costs.
A Judge of Compensation Claims must afford parties due notice and a reasonable opportunity to be heard before denying approval of a written, signed stipulation regarding attorney's fees and costs.
[1] A Judge of Compensation Claims must provide due notice and a reasonable opportunity to be heard before denying approval of a parties' written stipulation regarding attorn…
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Join FLexlaw to unlock all legal intelligenceClaimant Flowers and the employer/carrier agreed in writing to a stipulation providing $900.00 in attorney's fees and $139.93 in costs. The JCC denied…
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BROWNING, J.
The claimant, James A. Flowers, appeals the order of the Judge of Compensation Claims (JCC) denying approval of the parties’ written, signed stipulation. Ap-pellees, the employer/carrier, filed notice of their intent not to file an answer brief and not to take any steps opposing the claimant’s position. In their stipulation, the parties had agreed that the employer/carrier would pay the sums of $900.00 for the claimant’s attorney’s fees and $139.93 for costs. Without affording the parties appropriate notice and a reasonable opportunity to be heard before denying the parties’ stipulation, the JCC found there is no basis for approving any higher attorney’s fee than the statutory fee in the amount of $451.37. Because “due notice” and an opportunity to present evidence and argument regarding abrogation of the stipulation were not afforded in this case in accordance with Florida Rule of Workers’ Compensation 4.142(e), we reverse the order and remand for further proceedings concerning the stipulation. See Jacobs v. Volker Stevin Constr., 609 So. 2d 132 (Fla. 1st DCA 1992) (reversing and remanding for further proceedings where JCC rejected parties’ stipulation as to date and com- pensability of accident, without affording parties “due notice” and opportunity to present evidence and argument concerning abrogation of stipulation under predecessor rule 4.130).
REVERSING and REMANDING order for further proceedings.
LEWIS and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Roni Wayne Jacobs v. Volker Stevin Constr. & Am. Int'l Adjustment Co., 609 So. 2d 132 (Fla. 1st DCA 1992)