Disability Law

First DCA Declines to Issue Petition for Writ of Certiorari in Attorney's Fee Case

By David A. McCranie, Esq.

I mentioned in this post that the law firm which filed an amicus brief on behalf of the Florida Police Benevolent Association and in support of the claimant in the Emma Murray case had cited one of its own cases, Weimer v. City of Kissimmee, as an example of a situation where the claimant has been hindered in his ability to retain counsel of his own choosing as a result of the 2003 amendment to §440.34.  In Weimer, the JCC refused to approve a contract between Wiemer and his attorney wherein Weimer agreed to pay his attorney an hourly fee instead of the percentage fee called for in §440.34, and Weimer filed a petition for writ of certiorari in that regard with the First District Court of Appeal.

The First District has now denied that petition in this 2/7/2008 per curiam affirmance.

Full post as published by Florida Workers’ Compensation Law Blog on February 12, 2008 (boomark / email).