Opinion
Case No. 96-3200.
Opinion filed May 14, 1997. Rehearing Denied June 18, 1997.
An appeal from order of Judge of Compensation Claims Jonathan D. Ohlman.
Lynne M. Edebohls of Daniel L. Hightower, P.A., Ocala, for Appellant.
Lisa J. Hurley of Pyle, Jones, Hurley Hand, P.A., Winter Park, for Appellees.
In this otherwise frivolous appeal of the amount of attorney fees awarded in a workers' compensation case, we found this observation by the judge of compensation claims (JCC), which we commend to the bench and bar involved in such litigation:
In addition to [consideration of the statutory factors found in section 440.34(1)], this court has considered the action of the employer/servicing agent throughout the course of this litigation. If concessions and similar steps by employers and carriers to shorten [the] litigation process are not taken into consideration when fees are determined, then the message sent is that once a claimant is represented by counsel, each side should behave in a thoroughly adversarial manner without regard for the needs of the injured employee, or the employer, or the system. In this case, the employer/servicing agent resolved (quite appropriately I would add) the issues before trial and did so without the need for any formal discovery beyond the deposition of the claimant.
The JCC's order is AFFIRMED.
ERVIN and BENTON, JJ., CONCUR.