SPECIAL DISABILITY TRUST FUND, PETITIONER,
v.
STONE & WEBSTER ENGINEERING CORP., RESPONDENT

Fla. | 1980-12-04
No. 56838
SUNDBERG, C. J., and BOYD, OVER-TON and ALDERMAN, JJ., concur.
391 So. 2d 212 Florida Supreme Court (1980) Positive Treatment
Cited by 2 cases


Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

This cause is before the Court by petition for writ of certiorari to review an order of the Industrial Relations Commission affirming the Judge of Industrial Claims’ order requiring reimbursement and payment of claimant’s appellate attorney’s fees from the Special Disability Trust Fund. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. (1972).

We have reviewed the record and have found no departure from the essential requirements of the law in those portions of the orders pertaining to reimbursement. However, there is no statutory authority to support the Industrial Relations Commission’s award of appellate attorney’s fees from the Fund to claimant. That portion of the order is quashed and the cause remanded.

It is so ordered.

SUNDBERG, C. J., and BOYD, OVER-TON and ALDERMAN, JJ., concur.


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  • D.A. Netzel, Inc. v. Special Disability Tr. Fund, 681 So. 2d 874 (Fla. 1st DCA 1996)
    …I.R.C. Order 2-3778 (Apr. 24, 1979) (allowing reimbursement where preexisting condition was obesity, because evidence established medical cause, i.e., a psychoneurotic condition bringing on compulsive overeating), approved in part, quashed in part, 391 So. 2d 212 (Fla.1980) (approving reimbursement portion of decision). In 1990, however, section 440.49(2)(f) was amended to add obesity to the list of medical conditions an employer is conclusively presumed to have considered a permanent impairment, under cert…

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