W & J CONSTRUCTION CORP., AND CHUBB PACIFIC INDEMNITY CO., APPELLANTS,
v.
DAVID W. GREEN, APPELLEE
W & J CONSTRUCTION CORP., AND CHUBB PACIFIC INDEMNITY CO., APPELLANTS,
DAVID W. GREEN, APPELLEE
416 So. 2d 859
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find that there is competent substantial evidence to affirm the deputy commissioner’s order awarding claimant wage loss benefits. Further, the deputy was not in error by reserving jurisdiction for entry of an order for attorney’s fees and costs. However, the award of a fee to claimant’s attorney would be proper only pursuant to the provisions of Section 440.34, Florida Statutes (1979).
BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Popiel v. Broward Cnty. Sch. Bd. & Gallagher-Bassett Ins. Serv., 432 So. 2d 1374 (Fla. 1st DCA 1983)…entifiable accident which either immediately or subsequently results in a heart attack. Reynolds v. Whitney Tank Lines, 279 So. 2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So. 2d 859 (Fla. 1st DCA 1982). Reynolds holds that in those situations where the claimant is injured in an identifiable accident, there is no requirement that the claimant must be under unusual strain or over-exertion at the time of the heart attack. The rele…
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Wolbert v. Warren, 444 So. 2d 511 (Fla. 1st DCA 1984)…Victor Wine test. See Tingle v. Board of County Commissioners, 174 So. 2d 1 (Fla.1965); Reynolds v. Whitney Tank Lines, 279 So. 2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So. 2d 859 (Fla. 1st DCA 1982); Great Dane Trailers v. Flis, 435 So. 2d 931 (Fla. 1st DCA 1983). Particularly compelling, I think, is the recent ease of Popiel v. Broward County School Board, 432 So. 2d 1374 (Fla. 1st DCA 1983), in which Popiel and a fellow sc…1 / 2
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Dean Jaye Constr. & Aetna Life & Cas. Co. v. Johnson, 486 So. 2d 664 (Fla. 1st DCA 1986)…cases in which an identifiable accident actually occurred, resulting in a heart attack. Reynolds v. Whitney Tank Lines, 279 So. 2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So. 2d 859 (Fla. 1st DCA 1982); Popiel v. Broward County School Board, 432 So. 2d 1374 (Fla. 1st DCA 1983). Reynolds and Popiel hold that the relevant question is not whether the claimant was under unusual strain or overexertion at the time of the heart attack…
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