SUE ANN'S CAPRI LOUNGE AND AMERICAN STATES INSURANCE CO., APPELLANTS,
v.
GEORGE HARHALOS, APPELLEE
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PER CURIAM.
The employer/carrier appeals a worker’s compensation order which we hereby affirm, except as to the Judge’s determination of entitlement to attorney’s fees. Although the employer/carrier appears to have unsuccessfully resisted the payment of compensation, § 440.34(1), Fla.Stat., forcing the claimant to file a claim, nevertheless liability for attorney’s fees was avoided upon payment of the claim within 21 days of receipt of notice thereof. Carillon Hotel v. Rodriguez, 124 So. 2d 3 (Fla.1960).
Accordingly, the order is affirmed in part and reversed in part.
Application for Attorney’s Fees filed by attorney for appellee is granted; said attorney is hereby allowed a fee of two hundred and fifty dollars ($250.00) for services in this Court, said fee to be paid by appellants after final disposition of this cause.
LARRY G. SMITH, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
PER CURIAM.
Appellee’s motion for rehearing is addressed to the opinion filed herein on November 9, 1979, reversing the award of attorney’s fees and finding no entitlement. Said motion is denied insofar as it challenges the reversal of the award of attorney’s fees “based on all benefits paid,” by application of precedent to the effect that “if an employer refuses to recognize an injury as compensable, forcing the employee to file a claim, liability for attorney’s fees is nevertheless avoided upon payment of the claim within 21 days of receipt of notice of same.” Carillon Hotel, 124 So. 2d 3 (Fla.1960); see also, Americana Health Center v. Washington, IRC Order 2-3832 (June 1, 1979), citing City of Dania v. Lanken, IRC Order 2-3449 (June 12, 1978), cert denied, 367 So. 2d 1125 (Fla.1979).
[*MLXX] The motion is granted to the extent that a fee based on limited benefits should have been sustained on the record presented, and the opinion is accordingly amended to add to the first paragraph thereof the following qualification:
However, the claimant’s attorney was responsible for securing an increased compensation rate, which was not accepted by the employer/carrier within the 21 day period, and is thus entitled to a fee for this benefit. § 440.34(1), Fla.Stat. As amended, the opinion heretofore filed is affirmed and the cause remanded for further proceedings consistent herewith.
LARRY G. SMITH, SHAW and WENT-WORTH, JJ., concur.
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The Latt Maxcy Corp. & Underwriters Adjusting Co. v. Mann, 393 So. 2d 1128 (Fla. 1st DCA 1981)…y concedes that claimant’s attorney was successful in securing an increased compensation rate which was not timely accepted and that claimant is entitled to an award of a fee based upon that increased benefit. See Sue Ann’s Capri Lounge v. Harhalos, 377 So. 2d 989 (Fla. 1st DCA 1979). As to the portion of the attorney’s fee award which is based upon the increase in degree of permanency, however, Latt Maxcy argues no award should have been made since it complied with the provisions of Section 440.34(1), Florid…1 / 2
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Vance Roberts v. Georgia-Pacific Corp., 394 So. 2d 1093 (Fla. 1st DCA 1981)…the nature and severity of the claimant’s injury since it received each of the hospital reports filed by Dr. Martin. Although the receipt of these reports did not operate to begin the running of the 21 day period, Sue Ann’s Capri Lounge v. Harhalos, 377 So. 2d 989 (Fla. 1st DCA 1979), the filing of the claim specifically requesting a permanency determination did initiate the 21 day period and the employer’s duty to investigate. As the claimant points out, the employer’s investigation of the validity of a perm…
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Nat'l Airlines, Inc. v. Wikle, 451 So. 2d 908 (Fla. 1st DCA 1984)…sequence of claimant’s employment of an attorney. See, City of Miami Beach v. Schiffman, 144 So. 2d 799, 803-804 (Fla. 1962); Paul Smith Construction Co. v. Florida Industrial Commission, 93 So. 2d 735 (Fla.1957); Sue Ann’s Capri Lounge v. Harhalos, 377 So. 2d 989 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 637 (Fla. 1980). We intimate no view on that question. The question here is simply whether the carrier’s commencement of 40% permanent partial disability benefits on July 28, 1980, was more than twenty-…
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- Carillon Hotel & Iowa Home Mut. Cas. Co. v. Rodriguez, 124 So. 2d 3 (Fla. 1960)