Florida Appeals Court Reversal of Workers’ Compensation Award

In Edmond v. Avis Budget Group, Inc., a rental car company worker sought workers’ compensation benefits payments after he was hurt at work in Florida. According to the employee, he was rendered temporarily disabled as a result of the workplace accident. Following a workers’ compensation hearing, a Judge of Compensation Claims (“JCC”) ordered the rental car business to pay the injured man more than $1,300 in temporary disability benefits and about $267.00 in legal fees. After that, the hurt worker filed an appeal with Florida’s First District Court of Appeal.

The case of Edmond v. Avis Budget Group, Inc involved a Florida employee of the rental car company seeking workers’ compensation benefits following an injury that cause temporary disability. The JCC in this case awarded a temporary disability benefits recovery of less than $1400 and less than $300 in legal expenses. The injured worker filed an appeal with Florida’s First District Court of Appeals, claiming that the JCC had not awarded reasonable attorney’s fees (as indicated in Section 440.34) and that two constitutional claims should be raised.

Avis Budget Group, Inc. argued that the employee was not entitled  to further compensation for attorney’s fees because Section 440.34 states that attorney’s fees must be approved by a JCC and will be subject to limitations.

The Appeals court ultimately reversed and remanded the legal fees claim because it determined that the JCC had failed to issue a ruling on the employee’s claim for fees on fees when the company was ordered to pay a percentage of the disability award for legal expenses.

Because workers’ compensation cases can get complicated and appeals may be necessary to prove your case, it is always a good idea to contact a South Florida workers’ compensation attorney when you’ve been injured on the job.

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