Occidental Chemical Co. v. Neely

District Court of Appeal of Florida

Occidental Chemical Co. v. Neely

490 So. 2d 59, 10 Fla. L. Weekly 2364

CourtDistrict Court of Appeal of Florida

DecidedOctober 17, 1985

DocketNo. BE-451

StatusPublished

Cited by1 cases

This text of 490 So. 2d 59 (Occidental Chemical Co. v. Neely) 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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Occidental Chemical Co. v. Neely, 490 So. 2d 59, 10 Fla. L. Weekly 2364 (Fla. Ct. App. 1985).

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Opinion

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.

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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.

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490 So. 2d 59, 10 Fla. L. Weekly 2364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/occidental-chemical-co-v-neely-fladistctapp-1985.

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