Florida/Georgia Personal Injury & Workers Compensation

...Gretz could not afford to pay for the transcript or copies of the record, and the First District Court of Appeal noted that she is "indigent." Ms. Gretz filed a rules challenge pursuant to section 120.56, Florida Statutes (1985), arguing that the above-cited rules conflicted impermissibly with section 443.041(2)(a), Florida Statutes (1985)....

...rtions of the record not previously furnished to a claimant. On appeal, the First District Court reversed the hearing officer's final order and certified the question to this Court. For the reasons below, we quash the decision of the district court. Section 443.041(2)(a) provides in relevant part: "No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the commission or division or their representatives, or by any court or any officer thereof, except as hereinafter provided." The commission argues that this statute only prohibits charging a fee for services the commission is required to perform, and is silent with respect to recovery of costs for performing other functions. Therefore, section 443.041(2)(a) does not prohibit charging for preparation of the transcript because, the commission argues, there is no requirement that the commission provide a transcript. We disagree. *1386 In drafting section 443.041(2)(a), the legislature used very broad language, prohibiting the charging of "fees of any kind," and did not distinguish between fees charged for services the commission is required to perform, and those it performs voluntarily. Therefore, it is irrelevant whether there is any statutory or other requirement that the commission provide a transcript or a copy of the record. We interpret section 443.041(2)(a) as prohibiting charging claimants for the provision of a transcript or copy of the record of the agency hearing in their cases....

...Where a more specific statute sets a fee for preparation of a transcript that is within that ceiling, the more specific statute controls. See Adams v. Culver, 111 So.2d 665, 667 (Fla. 1959) (specific statute controls general statute covering same subject). In this case, section 443.041, the specific statute that controls unemployment compensation appeals, states that "no fee" shall be charged. Because section 443.041 does not set a charge for preparation of a transcript that is above the ceiling set by section 120.57(1)(b), it controls, and the commission may not charge for preparation of a transcript. Lastly, we note that this interpretation of section 443.041 promotes the legislative intent behind chapter 443 to "lighten [the] burden [of unemployment] which now so often falls with crushing force upon the unemployed worker and his family." § 443.021, Fla....

...(3) and 38E-3.003(2), Florida Administrative Code, are invalid to the extent they provide for claimants to be charged for preparation of a transcript and a copy of the record for appeal of unemployment compensation claims, because they conflict with section 443.041(2)(a), Florida Statutes (1985)....

...r of the remedies provided in Chapter 400. For example, in Florida's Unemployment Compensation Law, the Florida Legislature has specifically prohibited waiver of rights under Chapter 443, and voided any agreement that attempts to waive those rights: 443.041 Waiver of rights; fees; privileged communications....

...ereunder by any individual in her or his employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 443.041(1), Fla....

...ding a single instance of poor judgment will not disqualify the claimant from unemployment compensation, we reverse the decision of the Commission. Having so decided, we now address the issue of fees. Betancourt seeks appellate attorney's fees under section 443.041(2)(b)....

...conduct, that the appeals referee based her denial of plaintiff Perl's unemployment compensation claim on such evidence, and that the plaintiff Perl was damaged thereby. Upon proper motion, the trial court dismissed this complaint as being barred by Section 443.041(3), Florida Statutes (1981). This appeal follows. As the plaintiff Perl implicitly concedes on appeal, the slander count of the complaint was plainly barred by Section 443.041(3), Florida Statutes (1981), relating to unemployment compensation proceedings....

...Florida Unemployment Appeals Commission, 572 So.2d 1384 (Fla. 1991), this Court recently held that an unemployment compensation claimant was entitled to have the Unemployment Appeals Commission furnish a transcript of the agency hearing without charge. The rationale for the decision was that section 443.041(2)(a), Florida Statutes (1985), precluded the commission from charging fees of any kind to individuals claiming unemployment compensation benefits....

...3] as requiring that upon request of a party an agency must provide a transcript at no more than actual cost. Having concluded that the Unemployment Appeals Commission was obligated to provide a transcript, the Court then held that the provisions of section 443.041(2)(a) precluded it from charging even its cost of preparation. If section 120.57(1)(b)(7) requires an agency to provide a transcript in unemployment compensation cases, it is obvious that the agencies involved in the instant cases have the same obligation. While there is no statute comparable to section 443.041(2)(a) which precludes these agencies from charging fees of any kind, the provisions of section 57.081 specify that an indigent person who is a party to an administrative agency proceeding "shall receive the services of the courts, she...

...Savage the benefits specified and to refund any benefits she may have previously repaid, with interest from the dates of our mandate and of any repayment, respectively. We also find that counsel for the appellant is entitled to attorney's fees under section 443.041(2)(b), Florida Statutes (1997) for his services in connection with the present motion....

punishable as provided in s. 775.082 or s. 775.083. § 443.041(1), Fla. Stat. (2004). Moreover, the Florida Legislature

...Williams Island Country Club, Ltd., 606 So.2d 687 (Fla. 3d DCA 1992); Benitez v. Girlfriday, Inc., 609 So.2d 665 (Fla. 3d DCA 1992). After the substantive disposition in each of these cases, this Court awarded each claimant appellate attorneys' fees pursuant to Section 443.041(2)(b)2., Florida Statutes (1991)....

...Rowe, 472 So.2d 1145 (Fla. 1985), and its progeny. We agree. Attorneys' fees may be awarded only when authorized by statute or contract. State Farm Fire & Casualty Co. v. Palma, 629 So.2d 830, 832 (Fla. 1993). The attorneys' fees awarded here were authorized pursuant to Section 443.041(2)(b). This section of the statute provides for "counsel fees" for litigation at the district court of appeal level or higher, when such litigation results in increased benefits for the claimant. § 443.041(2)(b)2., Fla....

...or setting the fee). Recognizing that the lodestar approach is the basic starting point when a court is called upon to award a fee, Standard Guar. Ins. Co. v. Quanstrom, 555 So.2d 828, 833 (Fla. 1990), we hold that in setting an attorneys' fee under Section 443.041(2)(b), Rowe and its progeny are to be followed....

...The availability of a multiplier, which will have the residual effect of making legal representation more readily available to unemployment benefits claimants, significantly furthers this public policy. Consequently, we hold that the use of a multiplier is generally available in cases under Section 443.041(2)(b). [5] Finally, we address an important procedural point not addressed by the parties. Section 443.041(2)(b) authorizes "counsel fees payable by the division as fixed by the court." [emphasis supplied]....

...Riveras was discharged for misconduct connected with work is not supported by competent, substantial evidence in the record. Accordingly, we reverse and remand this case for reinstatement of Ms. Riveras's unemployment compensation benefits. Ms. Riveras has also moved for attorney's fees pursuant to section 443.041(2)(b), Florida Statutes (2003), which provides that an attorney representing a claimant in any district court of appeal or the supreme court "is entitled to counsel fees payable by the Agency for Workforce Innovation as set by the court if the ......

...n provided in the decision from which appeal was taken." We hold that Ms. Riveras is entitled to counsel fees in an amount "not [to] exceed 50 percent of the total amount of regular benefits permitted under s. 443.111(5)(a) during the benefit year." § 443.041(2)(b)....

...Our supreme court reasoned: If section 120.57(1)(b)(7) requires an agency to provide a transcript in unemployment compensation cases, it is obvious that the agencies involved in the instant cases have the same obligation. While there is no statute comparable to section 443.041 (2)(a) which precludes these agencies from charging fees of any kind, the provisions of section 57.081 specify that an indigent person who is a party to an administrative agency proceeding "shall receive the services of the courts, sh...

...CANADY, J., Concurs specially. CANADY, Judge, Concurring specially. I concur in all of the order except part III. NOTES [1] Additionally, the notice does not disclose that currently such an appeal can be filed by the claimant without any filing fee. See § 443.041(2)(a) (waiving fees of any kind for any individual claiming benefits under this chapter)....

...to the Georgia Department of Labor. As Canon points out, however, statements made on the Department of Labor Separation Notice are absolutely privileged as a matter of both Georgia and Florida law. See Ga.Code Ann. § 34-8-11 (Supp.1987); Fla.Stat. § 443.041(3) (1987)....

...District Court of Appeal of Florida, Second District. April 8, 1998. *1009 Enrique Escarraz, III, St. Petersburg, for Appellant. William T. Moore, Unemployment Appeals Commission, Tallahassee, for Appellee Unemployment Appeals Commission. ON MOTION FOR ATTORNEYS' FEES PER CURIAM. Pursuant to section 443.041(2)(b), Florida Statutes (1995), David T....

..., written opinion. See Berry v. Scotty's, Inc., 711 So.2d 575(Fla. 2d DCA 1998). We grant Mr. Berry's entitlement to attorneys' fees and relinquish jurisdiction of the case to the appeals referee for further proceedings consistent with this opinion. Section 443.041(2)(b) provides: An attorney at law representing a claimant for benefits in any district court of appeal of this state or in the Supreme Court of Florida is entitled to counsel fees payable by the division as fixed by the court if the...

...Where a statute provides for an award of appellate attorneys' fees, and the lower tribunal is a circuit or county court, this court grants entitlement to an award of fees and remands the case to the trial court to determine the amount of the award. See Branch v. Charlotte County, 627 So.2d 577 (Fla. 2d DCA 1993). Section 443.041(2)(b) is unusual because it provides for an award of attorneys' fees incurred by a successful claimant on appeal, like Mr. Berry, but directs the appellate court to "fix" the award. In its analysis of this statute, the Third District has observed that section 443.041(2)(b) offers no criteria for determining such an award....

...3d DCA 1994). Cf. § 440.34(1), Fla. Stat. (1995) (providing for award of attorneys' fees in workers' compensation proceedings and setting forth factors compensation claims' judges must consider in making that award). In Cheung, the Third District interpreted section 443.041(2)(b) as permitting the appellate court to determine entitlement to attorneys' fees, and then to appoint a circuit or county judge, as commissioner, to hear evidence, make findings, and recommend the amount of the award....

...isdiction to the appeals referee to conduct further proceedings on the matter. Appeals referees will be more familiar with the factors necessary to apply Rowe in this setting. Moreover, Florida Administrative Code Rule 38E-5.009 expressly implements section 443.041(2), and provides: (1) Any attorney or authorized representative who represents a claimant in *1010 any proceeding governed by these rules shall disclose orally on the record, or by post hearing motion, the amount, if any, the claimant has agreed to pay for his services....

...We believe that there is no statute or rule provision which obliges the Commission to prepare the transcripts in question, see § 120.57(1)(b)6, Fla. Stat. (1983); Smith v. Department of Health & Rehabilitative Services, 504 So.2d 801 (Fla.2d DCA 1987), and thus no requirement that they be furnished without cost under section 443.041(2)(a), Florida Statutes (1983), as the appellants claim....

...Unemployment Appeals Comm'n, 823 So.2d 275, 279 (Fla. 5th DCA 2002). Therefore, we quash the order of the UAC and remand for entry of an order in accordance with the referee's findings. Motion for Attorney's Fees We also find that counsel for Ayers is entitled to attorney's fees under section 443.041(2)(b), Florida Statutes (2001)....

...The Second District reasoned that the appeals referee would be more familiar with the factors necessary to apply Rowe in this setting. Id. We believe that the procedure outlined in Cheung is the better one to follow to determine the amount of fees to be awarded because it most comports with the language in section 443.041(2)(b)....

remedies provided in chapter 766. See, e.g., § 443.041, Fla. Stat. (2020) (containing the specific prohibition

...On December 29, 1986, Gretz filed a petition to determine the validity of Rules 38E-3.009(3) and 38E-3.003(2)(b), 1 claiming that by authorizing the Commission to charge for duplication of the record and for duplication of the tape recordings or transcription of the hearing, the rules conflicted with the provision of section 443.041(2)(a), Florida Statutes (1985), prohibiting an indigent claiming unemployment benefits from being charged “fees of any kind in any proceeding under [Chapter 443] by the commission or division or their representatives....

...2 The Commission appeals the Hearing Officer’s final order, arguing primarily that since it is not required to prepare transcripts of administrative proceedings or to copy documents and records, the charge for these actions is not a “fee” prohibited by section 443.041(2)(a)....

...Unemployment Appeals Commission, 512 So.2d 212 (Fla. 3d DCA 1987), that there is no statute or rule requiring the Commission to prepare transcripts for indigent claimants appealing the denial of unemployment compensation benefits and, thus, no requirement that they be furnished without cost under section 443.041(2)(a), Florida Statutes (1983)....

...Our supreme court reasoned: If section 120.57(l)(b)(7) requires an agency to provide a. transcript in unemployment compensation cases, it is obvious that the agencies involved in the instant cases have the same obligation. While there is no statute comparable.to section 443.041(2)(a) which precludes these agencies from charging fees of any kind, the provisions of section 57.081 specify that an indigent person who is a party to an administrative agency proceeding “shall receive the services of the courts, s...

...to comply, such a specific finding is required. We, therefore, remand for the appeals referee to address this issue. We also feel it is incumbent upon us to address the issue of attorney’s fees. Claimant’s attorney has moved for fees pursuant to section 443.041(2)(b), Florida Statutes (2011), which provides: An attorney at law representing a claimant for benefits in any district court of appeal of this state or in the Supreme Court of Florida is entitled to counsel fees payable by the depart...

...Overpayment of Benefits In light of the resolution of other issues, we reverse the determination that Mr. Grover was overpaid unemployment benefits and remand for reinstatement of benefits to which he is entitled. Attorney’s Fees Mr. Grover has moved for appellate fees and costs pursuant to section 443.041(2)(b), Florida Statutes (2003), payable by the Agency for Workforce Innovation....

...The agreement provided, in part, that Condon would be allowed to resign from his employment with the Department instead of being terminated. The UAC concluded the agreement had no impact on Condon’s rights to collect unemployment benefits based on section 443.041(1), Florida Statutes (2000), which, in pertinent part, provides: (1) WAIVER OF RIGHTS VOID — Any agreement by an individual to waive, release, or commute her or his rights to benefits or any other rights under this chapter shall be void....

PER CURIAM. Rose Torres appeals from orders dismissing her complaint against Consolidated Bank, *493 N.A., for defamation and wrongful termination due to unreasonable notice. We affirm the order dismissing the defamation count. § 443.041(3), Fla.Stat....