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JCC Erred in Reforming Parties' Settlement to Eliminate Attorney Fee

By Sherri Okamoto (Legal Reporter)

Monday, March 3, 2014 | 0

The 1st District Court of Appeal said a judge of compensation claims exceeded his authority by changing a settlement agreement submitted by the parties to redirect the money that the parties had designated as the fee for the claimant's attorney to the claimant herself.Case: Luces v. Red Ventures, No. 1D13-1001, 02/28/2014, published.Facts: Kaheu Luces suffered an industrial injury in April 2010. She later entered into an agreement with her employer to settle her claim.The settlement provided that her employer would pay her attorney a fee of $1,500 and would pay her $500 for her "out of poc...

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