Bill Watson's International Inn v. Claiborne

District Court of Appeal of Florida

Bill Watson's International Inn v. Claiborne

409 So. 2d 1208, 1982 Fla. App. LEXIS 19244

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 1982

DocketNo. AD-100

StatusPublished

Cited by1 cases

This text of 409 So. 2d 1208 (Bill Watson's International Inn v. Claiborne) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bill Watson's International Inn v. Claiborne, 409 So. 2d 1208, 1982 Fla. App. LEXIS 19244 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The employer and carrier contest the deputy commissioner’s finding that claimant sustained permanent impairment based on the American Medical Association’s Guide to the Evaluation of Permanent Impairment. Additionally, the employer and carrier contest the assessment of a reasonable attorney’s fee in favor of claimant’s counsel. We find the record supports the deputy’s conclusion that the impairment rating given by Dr. Baker was based on the AMA Guide. Thus, we affirm that portion of the order. However, we agree that the award of attorney’s fee was improper. The employer and carrier admitted the compensability of the accident and paid some benefits. The fact that other benefits were denied does not entitle claimant to an attorney’s fee under § 440.-34(2)(c), Florida Statutes (1979). Four Quarters Habitat, Inc. v. Miller, 405 So.2d 475 (Fla. 1st DCA 1981). The order is therefore reversed insofar as it awards claimant’s attorney a fee. In all other respects, the order is affirmed.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and WIGGINTON, JJ., concur.

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PER CURIAM.

The employer and carrier contest the deputy commissioner’s finding that claimant sustained permanent impairment based on the American Medical Association’s Guide to the Evaluation of Permanent Impairment. Additionally, the employer and carrier contest the assessment of a reasonable attorney’s fee in favor of claimant’s counsel. We find the record supports the deputy’s conclusion that the impairment rating given by Dr. Baker was based on the AMA Guide. Thus, we affirm that portion of the order. However, we agree that the award of attorney’s fee was improper. The employer and carrier admitted the compensability of the accident and paid some benefits. The fact that other benefits were denied does not entitle claimant to an attorney’s fee under § 440.-34(2)(c), Florida Statutes (1979). Four Quarters Habitat, Inc. v. Miller, 405 So.2d 475 (Fla. 1st DCA 1981). The order is therefore reversed insofar as it awards claimant’s attorney a fee. In all other respects, the order is affirmed.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and WIGGINTON, JJ., concur.

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Bluebook (online)

409 So. 2d 1208, 1982 Fla. App. LEXIS 19244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bill-watsons-international-inn-v-claiborne-fladistctapp-1982.

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