Castle Garden Exxon v. Campbell

District Court of Appeal of Florida

Castle Garden Exxon v. Campbell

519 So. 2d 49, 13 Fla. L. Weekly 189, 1988 Fla. App. LEXIS 181, 1988 WL 2631

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1988

DocketNo. BS-233

StatusPublished

This text of 519 So. 2d 49 (Castle Garden Exxon v. Campbell) 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.

Bluebook

Castle Garden Exxon v. Campbell, 519 So. 2d 49, 13 Fla. L. Weekly 189, 1988 Fla. App. LEXIS 181, 1988 WL 2631 (Fla. Ct. App. 1988).

Pincite

Opinion

WIGGINTON, Judge.

Before us is a workers’ compensation appeal wherein the parties, after the appeal was filed, entered into a “Joint Petition and Stipulation for Lump Sum Payment of Compensation and Absolute Discharge of Compensation Pursuant to F.S. 440.-20(12)(a).” The joint petition and stipulation specifically provided that the employee shall receive a lump sum for all compensation benefits past, present, and future, with the exception of future medical benefits, but that the settlement would not affect the medical issues that are presently on appeal, including all attorney’s fees which may be due regarding the litigation pertaining to the medical causation issue, as well as regarding the appeal. As to those latter issues, we hold that competent and substantial evidence supports the deputy commissioner’s findings that claimant’s injuries to his right upper extremity, including his elbow, shoulder, and neck, were causally related to the accident of January 30, 1985, and that it was in claimant’s best interest to continue treatment with Dr. Darrell Burgess. Accordingly, we affirm his order granting continuing medical treatment for injuries to claimant’s right upper extremity, including the elbow, shoulder, and neck, through the office of Dr. Burgess, and directing the employer/carrier to pay claimant future medical and travel expenses relating to those injuries, as well as all medical benefits due from July 28, 1986, the date the carrier deauthorized Dr. Burgess. We approve the award of attorney’s fees to claimant’s attorney. See § 440.34(3)(c), Fla.Stat. (1983). Claimant shall also be entitled to fees on appeal.

AFFIRMED.

BOOTH and BARFIELD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WIGGINTON, Judge.

Before us is a workers’ compensation appeal wherein the parties, after the appeal was filed, entered into a “Joint Petition and Stipulation for Lump Sum Payment of Compensation and Absolute Discharge of Compensation Pursuant to F.S. 440.-20(12)(a).” The joint petition and stipulation specifically provided that the employee shall receive a lump sum for all compensation benefits past, present, and future, with the exception of future medical benefits, but that the settlement would not affect the medical issues that are presently on appeal, including all attorney’s fees which may be due regarding the litigation pertaining to the medical causation issue, as well as regarding the appeal. As to those latter issues, we hold that competent and substantial evidence supports the deputy commissioner’s findings that claimant’s injuries to his right upper extremity, including his elbow, shoulder, and neck, were causally related to the accident of January 30, 1985, and that it was in claimant’s best interest to continue treatment with Dr. Darrell Burgess. Accordingly, we affirm his order granting continuing medical treatment for injuries to claimant’s right upper extremity, including the elbow, shoulder, and neck, through the office of Dr. Burgess, and directing the employer/carrier to pay claimant future medical and travel expenses relating to those injuries, as well as all medical benefits due from July 28, 1986, the date the carrier deauthorized Dr. Burgess. We approve the award of attorney’s fees to claimant’s attorney. See § 440.34(3)(c), Fla.Stat. (1983). Claimant shall also be entitled to fees on appeal.

AFFIRMED.

BOOTH and BARFIELD, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

519 So. 2d 49, 13 Fla. L. Weekly 189, 1988 Fla. App. LEXIS 181, 1988 WL 2631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castle-garden-exxon-v-campbell-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack