Mt. Sinai Medical Center v. Samuels, AX-10

Citation453 So.2d 82
Decision Date03 July 1984
Docket NumberNo. AX-10,AX-10
PartiesMT. SINAI MEDICAL CENTER and All Risk Corporation of Florida, Appellants, v. Mamie SAMUELS, and Division of Workers' Compensation, Appellees.
CourtFlorida District Court of Appeals

John F. McMath, of John F. McMath, P.A., Miami, and Mary Ann Stiles, of Stiles and Allen, P.A., Tampa, for appellants.

R. Cory Schnepper, of Ser, De Cardenas, Levine, Busch & Schnepper, P.A., Miami, and Jay M. Levy, of Hershoff & Levy, Miami, for appellees.

WIGGINTON, Judge.

The employer/carrier appeal from the deputy commissioner's order in which the deputy found that they had acted in bad faith, and ordered that they pay claimant's attorney's fee, found by the deputy to be $25,000. We affirm, but remand for further consideration in light of our decision in the parties' earlier appeal from the deputy's award of compensation benefits.

There was competent and substantial evidence to support the deputy's finding of bad faith. The record clearly indicates that the E/C had knowledge of claimant's need for further medical attention, and completely failed in their duty to pursue and investigate actively and expeditiously their obligation to pay benefits. Florida Erection Services, Inc. v. McDonald, 395 So.2d 203 (Fla. 1st DCA 1981); Holiday Care Center v. Scriven, 418 So.2d 322 (Fla. 1st DCA 1982). Indeed, the E/C's duty to investigate held true regardless of whether the notice was received from an unauthorized physician. DiMuro v. Dave's Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982). No abuse of discretion has been shown.

There was also competent and substantial evidence to support the deputy's award of a $25,000 attorney's fee. Proper findings of fact were made by the deputy pursuant to the criteria set forth in section 440.34(1), Florida Statutes (1981). Mueller v. Searcy, 418 So.2d 397, 399 (Fla. 1st DCA 1982). In light of those findings, we hold the award not to be excessive.

However, we recently reversed a portion of the deputy's award of benefits to claimant, holding that claimant was not entitled to temporary partial disability benefits during one particular period of the award. See Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984). Thus, the total benefits received by claimant through the diligence of her attorney are now somewhat reduced; and, as one of the criteria to be considered in setting an attorney's fee is the amount of benefits obtained, we must remand the cause to...

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5 cases
  • Martin Marietta Corp. v. Glumb, 87-106
    • United States
    • Florida District Court of Appeals
    • March 25, 1988
    ...fact rendered by the deputy commissioner pursuant to the statutory criteria set forth in section 440.34(1). Mt. Sinai Medical Center v. Samuels, 453 So.2d 82, 83 (Fla. 1st DCA 1984). Among the major considerations involved in the determination of a workers' compensation attorney's fee are t......
  • Greene v. Maharaja of India, Inc.
    • United States
    • Florida District Court of Appeals
    • March 7, 1990
    ...necessary starting point and a significant factor in the analysis of an appropriate attorney's fee award. See Mt. Sinai Medical Center v. Samuels, 453 So.2d 82 (Fla. 1st DCA 1984). Moreover, a departure from the statutory percentage formula should be made only in exceptional circumstances. ......
  • Prestressed Decking Corp. v. Medrano
    • United States
    • Florida District Court of Appeals
    • June 9, 1989
    ...reducing the fee. The amount of benefits obtained is the starting point for the fee determination. See Mt. Sinai Medical Center v. Samuels, 453 So.2d 82 (Fla. 1st DCA 1984). However, this does not mean that a fee must necessarily be altered upon a change in the amount of benefits. A departu......
  • Brevard Community College v. Barber
    • United States
    • Florida District Court of Appeals
    • April 8, 1986
    ...benefits was presented), we conclude that the $20,000 fee was not so excessive as to warrant reversal. Mt. Sinai Medical Center v. Samuels, 453 So.2d 82 (Fla. 1st DCA 1984). WENTWORTH and NIMMONS, JJ., concur. 1 We further find that claimant failed to make an adequate showing to overcome th......
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