SOUTHERN ERECTORS, INC.; LUMBERMEN'S MUTUAL INSURANCE COMPANY; DANIELS CONSTRUCTION COMPANY; AND UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
MICHAEL GAY, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
This cause is before us on appeal of an order awarding temporary disability and wage loss benefits, and authorizing a new treating physician. After careful consideration of the merits, we affirm.
We deny appellee s motion for appellate attorney fees. Counsel’s motion for attorney fees cited Section 627.428, Florida Statutes, an Insurance Code attorney fee provision which is inapplicable to workers’ compensation cases. The correct statute for workers’ compensation cases is Section 440.34, Florida Statutes. We have previously held that an appellate attorney fee request in workers’ compensation cases must cite specific statutory authority. Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981). Counsel is ordered not to charge his client any fee for work done on the appeal or cross-appeal. A copy of this decision shall be delivered by counsel to his client, Michael Gay. Joseph Land & Co. v. Green, 486 So. 2d 87 (Fla. 1st DCA 1986).
BOOTH, THOMPSON and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami v. Lucious E. Burnett, 596 So. 2d 478 (Fla. 1st DCA 1992)…no surprise because many of the motions for attorney fees on appeal in workers’ compensation cases are inadequate. This shortcoming prevails notwithstanding nine years of explanation and warning issued by this court. Southern Erectors, Inc. v. Gay, 558 So. 2d 1099 (Fla. 1st DCA 1990); Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981). The motion before this court cites as authority for attorney fees section 440.-34(5), Florida Statutes (1980), although the date of accident was May 31, 1975. This prec…
Authorities Cited
- Lehigh Corp. & U. S. Fid. & Guar. Co. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981)
- Joseph Land & Co. v. Green, 486 So. 2d 87 (Fla. 1st DCA 1986)