Henry Crutchfield, Inc. v. Johnson

District Court of Appeal of Florida

Henry Crutchfield, Inc. v. Johnson

513 So. 2d 1355, 12 Fla. L. Weekly 2445, 1987 Fla. App. LEXIS 12333

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1987

DocketNo. BR-302

StatusPublished

This text of 513 So. 2d 1355 (Henry Crutchfield, Inc. v. Johnson) 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

Henry Crutchfield, Inc. v. Johnson, 513 So. 2d 1355, 12 Fla. L. Weekly 2445, 1987 Fla. App. LEXIS 12333 (Fla. Ct. App. 1987).

Pincite

Opinion

BARFIELD, Judge.

In this appeal and cross-appeal from a workers’ compensation order apportioning permanent total disability benefits and awarding additional attendant care benefits, reimbursement for sanitary supplies and an attorney fee, we affirm on all issues with the exception of the award of an attorney fee under section 440.34(3)(a), Florida Statutes (1981).

This statutory provision authorizes the claimant to recover a reasonable attorney fee from a carrier or employer against whom he successfully asserts a claim for medical benefits only, if the claimant has not filed or is not entitled to file at such time a claim for disability, permanent impairment, wage-loss, or death benefits arising out of the same accident. The deputy commissioner, who adjudicated the issue of whether claimant’s permanent total disability benefits could properly be apportioned due to his preexisting alcohol-related disease, erroneously found that claimant was entitled to an attorney fee under section 440.34(3)(a). His finding that “the issues before the Court were medical only” is not supported by competent, substantial evidence in the record, and the award of an attorney fee must be reversed.

However, we find that claimant is entitled to an appellate attorney fee under section 440.34(5). With the exception of the deputy commissioner’s award of an attorney fee, which is REVERSED, the order is AFFIRMED. Appellee’s motion for an appellate attorney fee is granted and the case is REMANDED to the deputy commissioner for determination of the amount of the fee to be awarded.

BOOTH and WIGGINTON, JJ., concur.

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BARFIELD, Judge.

In this appeal and cross-appeal from a workers’ compensation order apportioning permanent total disability benefits and awarding additional attendant care benefits, reimbursement for sanitary supplies and an attorney fee, we affirm on all issues with the exception of the award of an attorney fee under section 440.34(3)(a), Florida Statutes (1981).

This statutory provision authorizes the claimant to recover a reasonable attorney fee from a carrier or employer against whom he successfully asserts a claim for medical benefits only, if the claimant has not filed or is not entitled to file at such time a claim for disability, permanent impairment, wage-loss, or death benefits arising out of the same accident. The deputy commissioner, who adjudicated the issue of whether claimant’s permanent total disability benefits could properly be apportioned due to his preexisting alcohol-related disease, erroneously found that claimant was entitled to an attorney fee under section 440.34(3)(a). His finding that “the issues before the Court were medical only” is not supported by competent, substantial evidence in the record, and the award of an attorney fee must be reversed.

However, we find that claimant is entitled to an appellate attorney fee under section 440.34(5). With the exception of the deputy commissioner’s award of an attorney fee, which is REVERSED, the order is AFFIRMED. Appellee’s motion for an appellate attorney fee is granted and the case is REMANDED to the deputy commissioner for determination of the amount of the fee to be awarded.

BOOTH and WIGGINTON, JJ., concur.

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Bluebook (online)

513 So. 2d 1355, 12 Fla. L. Weekly 2445, 1987 Fla. App. LEXIS 12333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-crutchfield-inc-v-johnson-fladistctapp-1987.