White Electrical Construction Co. v. Blacker

District Court of Appeal of Florida

White Electrical Construction Co. v. Blacker

392 So. 2d 1009, 1981 Fla. App. LEXIS 19395

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1981

DocketNo. UU-335

StatusPublished

Cited by1 cases

This text of 392 So. 2d 1009 (White Electrical Construction Co. v. Blacker) 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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White Electrical Construction Co. v. Blacker, 392 So. 2d 1009, 1981 Fla. App. LEXIS 19395 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

The employer and carrier contend that the deputy commissioner erred in awarding an attorney’s fee to Blacker because there was insufficient evidence to support the deputy’s finding that they declined to timely pay Blacker’s claim for permanent total disability. We agree and reverse.

Blacker concedes in his brief that the deputy did not admit into evidence any reports of the treating physician, that the physician’s testimony was not taken, and that the record does not contain any other evidence that would indicate Blacker reached maximum medical improvement more than twenty-one days before the carrier voluntarily accepted him as permanently totally disabled. This evidence was required before the employer and carrier were liable for Blacker’s attorney’s fee as provided in Section 440.34(1), Florida Statutes.

Accordingly, the judgment of the deputy commissioner is reversed.

MILLS, C. J., and ROBERT P. SMITH, Jr. and WENTWORTH, JJ., concur.

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PER CURIAM.

The employer and carrier contend that the deputy commissioner erred in awarding an attorney’s fee to Blacker because there was insufficient evidence to support the deputy’s finding that they declined to timely pay Blacker’s claim for permanent total disability. We agree and reverse.

Blacker concedes in his brief that the deputy did not admit into evidence any reports of the treating physician, that the physician’s testimony was not taken, and that the record does not contain any other evidence that would indicate Blacker reached maximum medical improvement more than twenty-one days before the carrier voluntarily accepted him as permanently totally disabled. This evidence was required before the employer and carrier were liable for Blacker’s attorney’s fee as provided in Section 440.34(1), Florida Statutes.

Accordingly, the judgment of the deputy commissioner is reversed.

MILLS, C. J., and ROBERT P. SMITH, Jr. and WENTWORTH, JJ., concur.

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392 So. 2d 1009, 1981 Fla. App. LEXIS 19395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-electrical-construction-co-v-blacker-fladistctapp-1981.

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