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867 So. 2d 1258

Cheney v. Changes International

District Court of Appeal of Florida · decided 2004-03-18

Relies on 805 So. 2d 1097 - Alderman v. Florida Plastering

Decided 2004-03-18

PER CURIAM.

¶1Claimant Diane Cheney appeals the Judge of Compensation Claim’s (“JCC”) order awarding her attorney’s fees. She argues that the JCC erred in downwardly departing from the presumptively fair fee determined in section 440.34(1), Florida Statutes (1999). We agree and, therefore, reverse. The findings the JCC made in support of the downward departure are not supported by competent substantial evidence. See Alderman v. Fla. Plastering, 805 So.2d 1097, 1099-1100 (Fla. 1st DCA 2002) (stating that a JCC’s determination that a particular section 440.34(1) factor exists and should be applied to support a downward departure must be supported by competent substantial evidence). On remand, the JCC is directed to award claimant the presumptively fair fee.

¶2REVERSED and REMANDED with directions.

WOLF, C.J., PADOVANO and POLSTON, JJ., concur.
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