THE COCA-COLA COMPANY-FOODS DIVISION (SELF-INSURED), APPELLANT,
v.
MELVIN ISENHOUR, APPELLEE

Fla. 1st DCA | 1983-04-21
No. AL-15
JOANOS and THOMPSON, JJ., concur.
429 So. 2d 1356 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 8 cases


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Coca-Cola, a self-insured employer, appeals a workers’ compensation order finding it responsible for Isenhour’s attorney’s fee. We affirm.

It is clear that without the services of his attorney Isenhour would have been considered 25% permanently partially disabled. Due to his attorney’s efforts, Isenhour received additional treatment, additional temporary total disability, and is classified as permanently totally disabled. A fee is clearly due, Section 440.34, Florida Statutes (1975).

The amount was properly based on the criteria set forth in Lee Engineering v. Fellows, 209 So. 2d 454 (Fla.1965).

AFFIRMED.

JOANOS and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Univ. OF Fla. & Div. of Risk Mgmt. v. McLARTHY, 483 So. 2d 723 (Fla. 1st DCA 1985)
    …66) (section 440.19(l)(a) “is limited ... to the situation where payments are made without an award, in which case further payments may be made within two years after payment of compensation or remedial treatment”). Accord Bassett’s Dairy v. Thomas, 429 So. 2d 1356 (Fla. 1st DCA 1983) (Sections 440.19(l)(a) and 440.28 are designed to be used in different situations, depending upon whether benefits for a particular injury have been furnished pursuant to a compensation order for a single injury, or entirely with…
  • Gen. Elec. Co. & Elec. Mut. Liab. v. Spann, 479 So. 2d 289 (Fla. 1st DCA 1985)
    …he 1984 claim, insofar as it sought additional temporary and permanent disability benefits, must meet the requirements of Section 440.28, including its limitations provisions. Washington v. Dade County School Board, supra; Bassett’s Dairy v. Thomas, 429 So. 2d 1356 (Fla. 1st DCA 1983). In Bassett’s Dairy, the claimant had been injured in 1971, was awarded 20% PPD and the final payment of benefits was made in 1975. The claimant received continuing medical treatment through 1981. The E/C voluntarily paid TTD for…
  • Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)
    …ation requirements of Section 440.28, since benefits furnished pursuant to an earlier order did not act to toll the.time limitations of Section 440.19. University of Florida v. McLarthy, 483 So. 2d 723 (Fla. 1st DCA 1985); Bassett’s Dairy v. Thomas, 429 So. 2d 1356 (Fla. 1st DCA 1983); Jones v. Ludman Corporation, 190 So. 2d 760 (Fla.1966). Of course, this distinction does not apply to claims for compensation arising under the Act as amended in 1979. Assuming, without deciding, that the judge properly found ap…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw