ANTHONY PALUMBO, APPELLANT,
v.
METROPOLITAN DADE COUNTY, APPELLEE

Fla. 1st DCA | 1985-03-22
No. AX-496
JOANOS and BARFIELD, JJ., concur.
465 So. 2d 647 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Palumbo appeals from a workers’ compensation order denying him employer/carrier paid attorney’s fees. He asserts entitlement to a fee pursuant to Section 440.-34(3)(a), Florida Statutes (1983), or Section 440.34(3)(b), Florida Statutes (1983).

We find competent substantial evidence in the record to support the deputy’s findings that Palumbo’s attorney did not successfully assert a claim for medical benefits only and that Palumbo suffered no economic loss.

AFFIRMED.

JOANOS and BARFIELD, JJ., concur.


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  • Jairo Cardona v. Commercial Bldg. Maint., Inc., 626 So. 2d 335 (Fla. 1st DCA 1993)
    …989). The standard of review of a JCC’s award or denial of attorney’s fees under section 440.34(3), is whether the findings on which the award or denial is based, are supported by competent, substantial evidence. Palumbo v. Metropolitan Dade County, 465 So. 2d 647 (Fla. 1st DCA 1985). After careful review of the record, we find there is competent, substantial evidence to support the JCC’s finding and hereby affirm. KAHN, J., concurs. SMITH, J., dissents, with opinion.…

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