OCCIDENTAL CHEMICAL COMPANY AND CRAWFORD & COMPANY, APPELLANTS,
v.
GARY D. NEELY, APPELLEE
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Affirmed temporary total and permanent total disability benefits based on competent evidence of causal relationship to industrial accident; vacated and remanded attorney's fees award for proper determination under Florida Statutes section 440.34(3)(c).
The deputy's finding that all claimant's injuries resulted directly from a compensable industrial accident is supported by competent, substantial evidence and therefore the disability benefits awards are affirmed.
[1] Attorney's fees may be awarded under Florida Statutes section 440.34(3)(c) when an employer/servicing agent admits compensability of certain injuries but unsuccessfully d…
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Join FLexlaw to unlock all legal intelligenceClaimant suffered an industrial accident and sought temporary total disability and permanent total disability benefits. The employer/servicing agent a…
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ZEHMER, Judge.
The employer/servicing agent appeals an award of temporary total disability and permanent total disability benefits and attorney’s fees.
The deputy’s finding that all of claimant’s injuries were a direct and natural result of his compensable industrial accident is supported by competent, substantial evidence, as reflected by the testimony of Dr. Carson. We therefore affirm the award of temporary total disability and permanent total disability benefits.
As the employer/servicing agent argues and claimant concedes, the deputy’s order does not accurately reflect the parties’ pretrial stipulation as to attorney’s fees. We therefore vacate the award of attorney’s fees and remand to the deputy commissioner for proper determination of whether such fees are payable. We note that attorney’s fees may be properly awarded in this case under section 440.-34(3)(c), Florida Statutes (1981), since the employer/servicing agent, although admitting compensability of certain injuries, unsuccessfully denied compensability of other injuries due to an alleged lack of causal relationship. Farm Stores, Inc. v. Harvey, 474 So. 2d 4 (Fla. 1st DCA 1985); Hillsborough County School Board v. Hilburn, 472 So. 2d 1309 (Fla. 1st DCA 1985); Singletary v. Mangham Construction Co., 471 So. 2d 635 (Fla. 1st DCA 1985).
NIMMONS, J., and McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Booker v. Lane's Texaco Serv. & Nationwide Ins. Co., 530 So. 2d 416 (Fla. 1st DCA 1988)…epts the claim and pays benefits, but subsequently denies compensability. Wilhoit International v. Tidwell, 497 So. 2d 958 (Fla. 1st DCA 1986). But see Champlain Towers v. Dudley, 481 So. 2d 532 (Fla. 1st DCA 1986); Occidental Chemical Co. v. Neely, 490 So. 2d 59 (Fla. 1st DCA 1985); Farm Stores, Inc. v. Harvey, 474 So. 2d 4 (Fla. 1st DCA 1985), where E/C denies compensability as to a part of claim and accepts other parts, and attorney fees are allowed. Also compare Singletary v. Mangham Construction Co., 47…
Authorities Cited
- Singletary v. Mangham Constr. Co., Inc., 471 So. 2d 635 (Fla. 1st DCA 1985)
- Farm Stores, Inc. v. Harvey, 474 So. 2d 4 (Fla. 1st DCA 1985)
- Hillsborough Cnty. Sch. Bd. & Ins. Co. of N. Am. v. Hilburn, 472 So. 2d 1309 (Fla. 1st DCA 1985)