December 2008


Pardon the long title of this post, but its the best way to summarize this lengthy holding recently released by the First DCA.   The entire scenario reads like a law school hypothetical exam question.  But, the reason law school professors make up those strange hypotheticals is that they can come true.  

And, in Auman v. Leverock’s Sea Food House, this strange hypothetical comes to life.

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This past Friday, the Department of Financial Services just announced the new maximum compensation rate for 2009.

Beginning on January 1, 2009, the maximum compensation rate for the year will be $765.00.

You can review the DFS bulletin here.

Now that the proverbial fee cat is out of the bag with the Emmay Murray decision, the First DCA–as it has done it the months leading up to the Supreme Court decision–has begun focusing its attention on what constitutes fee entitlement.

In the short opinion of Jennings v. National Linen, Claimant sought a reversal of the JCC’s denial of attorney’s fees.  Claimant, a PTD recipient, was treating with a pain management doctor until the physician advised he was giving up his practice and referred Claimant to a physiatrist for alternative care. 

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