Vilches v. City of Dunedin, No. 98-2434.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | WOLF, J. |
| Citation | 738 So.2d 990 |
| Parties | Ivo VILCHES, Appellant, v. CITY OF DUNEDIN and Alexsis, Inc., Appellees. |
| Decision Date | 15 July 1999 |
| Docket Number | No. 98-2434. |
738 So.2d 990
Ivo VILCHES, Appellant,v.
CITY OF DUNEDIN and Alexsis, Inc., Appellees
No. 98-2434.
District Court of Appeal of Florida, First District.
July 15, 1999.
Kimberly A. Staffa and V. Joseph Mueller of Fox, Grove, Abbey, Adams, Byelick & Kiernan, L.L.P., St. Petersburg, for appellees.
WOLF, J.
The claimant in this workers' compensation case appeals an order of the judge of compensation claims (JCC) denying an award of attorney's fees at the expense of the employer/servicing agent (E/SA) pursuant to section 440.34(3)(b), Florida Statutes (Supp.1990) for fees incurred in obtaining permanent and total disability (PTD) benefits and PTD supplemental benefits. Claimant raises two issues on appeal, neither of which require reversal, and only one of which requires brief discussion: Whether the JCC erred in determining that claimant's "Request for Assistance," seeking PTD and PTD supplemental benefits, did not trigger his right to attorney's fees under the 21-day rule set forth in section 440.34(3)(b), Florida Statutes (Supp.1990).
Claimant was injured during the course and scope of his employment in 1990. His attorney mailed to the Division of Workers' Compensation of the Department of Labor and Employment Security, on October 25, 1996, a "Request for Assistance" which complied with section 440.191, Florida Statutes (Supp.1994). The "Request for Assistance" sought PTD and PTD supplemental benefits based on the fact that claimant had reached maximum medical improvement (MMI) in September 1995 and had been determined by a vocational expert to be not employable. The "Request for Assistance" was received by the Employee Assistance and Ombudsman Office (EAOO) of the Division on October 29, 1996. The "Request for Assistance" was also received by the employer on October 29, 1996, but was not received by the servicing agent until November 27, 1996. The informal dispute resolution process initiated by the "Request for Assistance" did not lead to the E/SA voluntarily paying claimant the PTD and PTD supplement benefits he sought. Claimant's attorney, therefore, filed a "Petition for Benefits," in accordance with section 440.192, Florida Statutes (Supp.1994), on December 16, 1996, seeking the PTD and PTD supplemental benefits previously sought in the "Request for Assistance." On December 23, 1996, the E/SA voluntarily accepted claimant as permanently and totally disabled.
Claimant's attorney thereafter sought attorney's fees at the expense of the E/SA for obtaining the PTD and PTD supplemental benefits on behalf of the claimant. Claimant's attorney argued in her petition for attorney's fees that her fees should be paid by the E/SA...
To continue reading
Request your trial
-
Stolzer v. Magic Tilt Trailer, Inc., 1D03-2747.
...v. Mayo, 121 So.2d 424, 428 (Fla.1960); Phillips v. City of West Palm Beach, 70 So.2d 345, 346 (Fla.1953); Vilches v. City of Dunedin, 738 So.2d 990, 991 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So.2d 1228, 1230 (Fla. 1st DCA 1995); City of Crestview v. Howard, 657 So......
-
Zabik v. PALM BEACH COUNTY SCHOOL DIST., 1D03-1606.
...resolution procedure contained within section 440.191 is procedural, not substantive. See Vilches v. City of Dunedin, 901 So.2d 890 738 So.2d 990, 992 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So.2d 1228, 1231 (Fla. 1st DCA 1995). A procedural change in the statute is ......
-
Stolzer v. Magic Tilt Trailer, Inc., No. 1D03-2747.
...v. Mayo, 121 So.2d 424, 428 (Fla.1960); Phillips v. City of West Palm Beach, 70 So.2d 345, 346 (Fla.1953); Vilches v. City of Dunedin, 738 So.2d 990, 991 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So.2d 1228, 1230 (Fla. 1st DCA 1995); City of Crestview v. Howard, 657 So......
-
Zabik v. PALM BEACH COUNTY SCHOOL DIST., No. 1D03-1606.
...resolution procedure contained within section 440.191 is procedural, not substantive. See Vilches v. City of Dunedin, 901 So.2d 890 738 So.2d 990, 992 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So.2d 1228, 1231 (Fla. 1st DCA 1995). A procedural change in the statute is ......