WALT DISNEY WORLD COMPANY, APPELLANT,
v.
MARY CATHERINE LATHROP MAY, APPELLEE
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Florida appellate court reversed an attorney's fee award in a workers' compensation case where the employer admitted the injury and paid some benefits but disputed the claimant's entitlement to additional temporary total disability benefits.
An attorney's fee is not awardable under Section 440.34(2)(c) when an employer admits an accident and pays some disability benefits but disputes entitlement to additional benefits.
[1] An attorney's fee under Section 440.34(2)(c), Florida Statutes (1979) is not awardable when an employer admits an accident and pays some disability benefits but disputes…
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Join FLexlaw to unlock all legal intelligenceWalt Disney World admitted a workplace accident, provided medical treatment, and paid temporary total disability benefits starting March 18, 1980, but…
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PER CURIAM.
This is an appeal from a workers’ compensation order awarding claimant temporary total disability benefits for the period January 4, 1980 to March 18, 1980 and an attorney’s fee pursuant to Section 440.-34(2)(c), Florida Statutes (1979). Walt Disney World contends the attorney’s fee award was unjustified since it did not deny that an injury occurred for which compensation benefits are payable but merely disputed claimant’s entitlement to benefits for the period January 4, 1980 to March 18, 1980. We agree.
The record is clear that Walt Disney World admitted this accident, provided all necessary remedial treatment, and paid temporary total disability benefits beginning March 18,1980 when claimant was put in the hospital for her back condition. Based on the report of its in-house physician, Dr. Bourguignon, Walt Disney World withheld benefits for the disputed period believing that claimant was capable of returning to work.
However, the Deputy Commissioner relying on claimant’s testimony and that of her current treating physician disagreed with Walt Disney World’s assessment of claimant’s condition during this period.
Nevertheless, this does not mandate an attorney’s fee award under the language of the new 1979 statute. When an employer /carrier admits an accident and pays some disability benefits but denies others are due, an attorney’s fee is not awarda-ble under Section 440.34(2)(c) Florida Statutes (1979). Ardmore Farms, Inc. v. Squires, 395 So. 2d 268 (Fla. 1st DCA 1981). Accordingly, that portion of the deputy’s order awarding an attorney’s fee is REVERSED.
BOOTH, SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Four Quarters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981)…d pays some disability benefits, but denies that others are due, an attorney’s fee is not awardable under § 440.-34(2)(c), Florida Statutes (1979). Ardmore Farms, Inc. v. Squires, 395 So. 2d 268 (Fla. 1st DCA 1981); Walt Disney World Company v. May, 397 So. 2d 1003 (Fla. 1st DCA 1981). But cf., Dolphin Tire Company v. Ellison, 402 So. 2d 36 (Fla. 1st DCA 1981), permitting attorney’s fees where the employer denied that catastrophic loss occurred. It should be noted that Dolphin construed the e/c’s controversio…
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Sanlando Util. Corp. & U. S. Fid. & Guar. Co. v. Morris, 418 So. 2d 389 (Fla. 1st DCA 1982)…f the e/c has paid no medical or disability benefits. Bill Watson’s International Inn v. Claiborne, 409 So. 2d 1208 (Fla. 1st DCA 1982); Four Quar [*393] ters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981); Walt Disney World Co. v. May, 397 So. 2d 1003 (Fla. 1st DCA 1981); Ardmore Farms, supra, at 270. The e/c, having paid medical and temporary benefits until September 2, 1980, has obviously removed itself from the type of situation allowing the imposition of sanctions implicit in the award of Se…
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Singletary v. Mangham Constr. Co., Inc., 471 So. 2d 635 (Fla. 1st DCA 1985)…g the claim for benefits for the period January 27, 1981, to October 22, 1982, did not constitute the denial of compensa-bility which could form the basis of an award of attorney’s fees against the employer/carrier. Walt Disney World Company v. May, 397 So. 2d 1003 (Fla. 1st DCA 1981); City of Tampa v. Kopkau, 429 So. 2d 381 (Fla. 1st DCA 1983); Four Quarters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981). On the prior appeal, we held that claimant’s January 1981 injury did not result from “some…1 / 2
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- Ardmore Farms, Inc. v. Squires, 395 So. 2d 268 (Fla. 1st DCA 1981)