VALERIE SAPP, v. MIAMI-DADE POLICE DEPARTMENT AND MIAMI DADE COUNTY RISK MANAGEMENT
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VALERIE SAPP, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-2387 MIAMI-DADE POLICE DEPARTMENT and MIAMIDADE COUNTY RISK MANAGEMENT, Appellees. __________________________/ Opinion filed October 19, 2012. An appeal from an order of the Judge of Compensation Claims. Gerardo Castiello, Judge. Date of Accident: August 3, 2003. Mark L. Zientz of the Law Offices of Mark L. Zientz, P.A., Miami; Mario R. Arango of the Law Offices of De Varona, Arango & Weinstein, LLC, Miami, for Appellant. R. A. Cuevas, Jr., Miami-Dade County Attorney, and Daron S. Fitch, Assistant County Attorney, Miami, for Appellees. THOMAS, J. We reverse and remand for the Judge of Compensation Claims (JCC) to enter an order awarding Claimant employer-paid attorney s fees in the amount of $45,990.00. See Sapp v. Miami-Dade Police Dep t, 82 So. 3d 212 (Fla. 1st DCA 2012) (Sapp I); Fla. Admin. Code R. 60Q-6.124(3)(b); cf. Smyth v. K-Mart Corp., 905 So. 2d 921 (Fla. 1st DCA 2005). Under this court s remand in Sapp I, once the JCC determined that no good cause existed to excuse the self-insured Employer s failure to comply with Florida Administrative Code Rule 60Q6.124(3)(b), the JCC had no discretion to reduce the attorney fee award here, as the legal sufficiency of Claimant s fee petition was not at issue. REVERSED and REMANDED. WOLF and CLARK, JJ., CONCUR. 2
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