Circle K Stores, Inc./ Constitution State etc. vs Emerita Flores-Orellana
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CIRCLE-K STORES, INC./ CONSTITUTION STATE SERVICES COMPANY, Appellants/CrossAppellees, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D16-1715 v. EMERITA FLORESORELLANA, Appellee/CrossAppellant. _____________________________/ Opinion filed August 21, 2017. An appeal from an order of the Judge of Compensation Claims. Jack A. Weiss, Judge. Date of Accident: August 21, 2009. H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellants/Cross Appellees. Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellee/CrossAppellant. PER CURIAM. In this workers’ compensation case, the Employer/Servicing Agent (E/SA) appeal an order of the Judge of Compensation Claims (JCC) awarding Claimant E/SA-paid attorney’s fees and costs based on Claimant’s success in a proceeding for modification. Claimant cross-appeals the JCC’s determination of the attorney fee amount and denial of a separate attorney’s fee for establishing fee entitlement. We affirm the issue on appeal, as well as the denial of a separate attorney’s fee challenged in the cross-appeal. However, we reverse and remand for a re-calculation of the fee amount because the JCC erred by calculating it using a discount factor based on evidence outside of the record. See § 440.34(1), Florida Statutes (2009). AFFIRMED IN PART; REVERSED IN PART; and REMANDED. ROWE, OSTERHAUS, and WINOKUR, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
