Robert Willoughby v. Madison Correctional Institute/Division etc.

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-2602
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ROBERT WILLOUGHBY,

Appellant/Cross-Appellee,

v.

MADISON CORRECTIONAL
INSTITUTE/DIVISION OF RISK
MANAGEMENT,

Appellees/Cross-Appellants.
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On appeal from an order of the Judge of Compensation Claims.
John J. Lazzara, Judge.

Date of Accident: November 24, 2014.

May 3, 2018

PER CURIAM.

In this workers’ compensation case, Claimant appeals, and
the Employer/Carrier (E/C) cross-appeals, an order of the Judge of
Compensation Claims (JCC) declining, in part, to approve a
stipulated E/C-paid attorney’s fee, approving a reduced fee
amount, and ordering that the balance of the monies be remitted
to Claimant personally. The JCC’s ruling was based on his findings
of fact regarding the reasonableness of the attorney’s fee. The
record before us does not support those findings. Therefore, just as
in the recently published Gomez v. Frank Crum, Inc., 228 So. 3d
735 (Fla. 1st DCA 2017), and Banegas v. ACR Environmental, Inc.,
228 So. 3d 734 (Fla. 1st DCA 2017), we find reversible error.

Accordingly, we REVERSE the portion of the order reducing the
agreed upon attorney’s fee, as well as the portion of the order
reforming the stipulation, and REMAND for proceedings consistent
with this opinion.

WOLF, OSTERHAUS, and WINSOR, JJ., concur.

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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., for
Appellant/Cross-Appellee.

Hinda Klein of Conroy Simberg, Hollywood, for Appellees/Cross-
Appellants.

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