IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CIRCLE-K STORES, INC./ NOT FINAL UNTIL TIME EXPIRES TO
CONSTITUTION STATE FILE MOTION FOR REHEARING AND
SERVICES COMPANY, DISPOSITION THEREOF IF FILED
Appellants/Cross- CASE NO. 1D16-1715
Appellees,
v.
EMERITA FLORES-
ORELLANA,
Appellee/Cross-
Appellant.
_____________________________/
Opinion filed August 21, 2017.
An appeal from an order of the Judge of Compensation Claims.
Jack A. Weiss, Judge.
Date of Accident: August 21, 2009.
H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for
Appellants/Cross Appellees.
Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellee/Cross-
Appellant.
PER CURIAM.
In this workers’ compensation case, the Employer/Servicing Agent (E/SA)
appeal an order of the Judge of Compensation Claims (JCC) awarding Claimant
E/SA-paid attorney’s fees and costs based on Claimant’s success in a proceeding for
modification. Claimant cross-appeals the JCC’s determination of the attorney fee
amount and denial of a separate attorney’s fee for establishing fee entitlement. We
affirm the issue on appeal, as well as the denial of a separate attorney’s fee
challenged in the cross-appeal. However, we reverse and remand for a re-calculation
of the fee amount because the JCC erred by calculating it using a discount factor
based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009).
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
ROWE, OSTERHAUS, and WINOKUR, JJ., CONCUR.
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