Sentry Air Freight v. Martinez

District Court of Appeal of Florida

Sentry Air Freight v. Martinez

509 So. 2d 1303, 12 Fla. L. Weekly 1710, 1987 Fla. App. LEXIS 9370

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1987

DocketNo. BP-156

StatusPublished

This text of 509 So. 2d 1303 (Sentry Air Freight v. Martinez) 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

Sentry Air Freight v. Martinez, 509 So. 2d 1303, 12 Fla. L. Weekly 1710, 1987 Fla. App. LEXIS 9370 (Fla. Ct. App. 1987).

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Opinion

MILLS, Judge.

The employer/carrier in this workers’ compensation appeal argue that the deputy commissioner erred in finding they acted in bad faith, and in considering the value of [1304]*1304permanent total disability benefits in determining the amount of the claimant’s attorney’s fee.

We affirm the deputy commissioner’s finding that the employer/carrier acted in bad faith in terminating temporary total disability benefits from October 1983 through March 1984. But because permanent total disability benefits did not result from, or were not affected by, the claimant’s attorney’s efforts on behalf of his client, and from the scope of the issues already litigated, it was error to consider their value in determining the fee amount. Samurai of the Falls, Inc. v. Dong Jo Sul, 509 So.2d 359 (Fla. 1st DCA 1987).

AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings not inconsistent with this opinion.

WENTWORTH and BARFIELD, JJ., concur.

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MILLS, Judge.

The employer/carrier in this workers’ compensation appeal argue that the deputy commissioner erred in finding they acted in bad faith, and in considering the value of [1304]*1304permanent total disability benefits in determining the amount of the claimant’s attorney’s fee.

We affirm the deputy commissioner’s finding that the employer/carrier acted in bad faith in terminating temporary total disability benefits from October 1983 through March 1984. But because permanent total disability benefits did not result from, or were not affected by, the claimant’s attorney’s efforts on behalf of his client, and from the scope of the issues already litigated, it was error to consider their value in determining the fee amount. Samurai of the Falls, Inc. v. Dong Jo Sul, 509 So.2d 359 (Fla. 1st DCA 1987).

AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings not inconsistent with this opinion.

WENTWORTH and BARFIELD, JJ., concur.

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Bluebook (online)

509 So. 2d 1303, 12 Fla. L. Weekly 1710, 1987 Fla. App. LEXIS 9370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sentry-air-freight-v-martinez-fladistctapp-1987.

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