Yvette Morgan v. American Airlines, and Sedgwick CMS
CourtDistrict Court of Appeal of Florida
Date FiledMarch 24, 2020
Docket1D19-3077
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3077
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YVETTE MORGAN,
Appellant,
v.
AMERICAN AIRLINES, and
SEDGWICK CMS.,
Appellees.
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On appeal from an order of the Judge of Compensation Claims.
Edward R. Almeyda, Judge.
Date of Accident: July 16, 2014.
March 24, 2020
PER CURIAM.
Yvette Morgan appeals an order of the Judge of Compensation
Claims, finding she was not entitled to attorney’s fees or costs for
two petitions she filed in 2018. Morgan asserts the JCC erred
because she was the prevailing party in the proceedings below. We
disagree.
A claimant who petitions for benefits may recover attorney’s
fees when the employer or carrier files a response to the petition
denying benefits, the claimant successfully prosecutes her petition
with her attorney’s assistance, and at least thirty days elapses
from the time the employer or carrier receives the petition and
provides the requested benefits. § 440.34(3), Fla. Stat. (2018); see
Neville v. JC Penney Corp., 130 So. 3d 235 (Fla. 1st DCA 2013). At
issue here is whether Morgan’s attorney successfully prosecuted
her petitions. To demonstrate successful prosecution, Morgan had
to show that her attorney’s efforts achieved “acceptance and
payment of the claim[s].” Mitchell v Sunshine Cos., 850 So. 2d 632,
633 (Fla. 1st DCA 2003). Morgan did not meet her burden because
the record shows that the Employer/Servicing Agent never denied
the benefits at issue. Because it was not her attorney’s successful
prosecution of the petitions that achieved the E/SA’s acceptance
and payment of her claims, Morgan is not entitled to fees under
section 440.34(3)(b). See Franco v. SCI at Palmer Club at
Prestancia, 989 So. 2d 709 (Fla. 1st DCA 2008). And because her
attorney’s efforts did not lead to the benefits being provided,
Morgan is also not entitled to prevailing party costs under section
440.34(3)(b). We, therefore, AFFIRM the JCC’s order finding that
Morgan was not entitled to fees or costs.
ROWE, MAKAR, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for
Appellant.
Clinton C. Lyons, Jr. of Morgan Kidd Lyons & Johnson, P.A.,
Orlando, for Appellees.
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