| |
![[HRule Image]](images/Bluerose/rules/rule1.gif) ATTORNEYS FEE BASED ON RFA?by David A. Danielson
In Vilches v. City of Daytona, July 15, 1999) the 1st DCA held that a request for assistance could not BY ITSELF trigger the claimant's right to attorney's fees under the 21 day rule set forth in 440.34(3)(b). It distinguished this case from Baptist manor Nursing Home v. Madison, in which the claimant had also filed a "claim for benefits" with the division. The court found the "claim" put the E/C on notice of its obligations under 440.34(3)(b) to make a decision within 21 days.
Attorney's Fees The First District Court ruled in Kennedy v. Orlando Shader Realty, 23 FLW D1221 that a petition for benefits that is not in compliance with F.S. 440.192(2) and (4) mandates dismissal of the petition, without prejudice. Furthermore, attorney's fees against the employer/carrier are not owed for services expended or costs incurred prior to the filing of a petition that does meet the requirements of Section 440.192, Florida Statutes.
|