Florida District Courts of Appeal, 1990

Gibson v. Holton Construction Co.

Gibson v. Holton Construction Co.
Florida District Courts of Appeal · Decided April 12, 1990 · Joanos, Shivers, Zehmer
559 So. 2d 451; 1990 Fla. App. LEXIS 2500; 1990 WL 43133 (Southern Reporter, Second Series)

Gibson v. Holton Construction Co.

Opinion of the Court

SHIVERS, Chief Judge.

The claimant in this workers’ compensation case appeals an order in which the judge of compensation claims denied attorney’s fees, as well as past and future attendant care benefits at the rate of 24 hours per day. We affirm the order as to past attendant care benefits, finding there to be competent substantial evidence in the record to support the judge’s conclusion that claimant has not required around-the-clock attendant care since his November 8, 1983 accident, as well as to support his award of three weeks of past attendant care benefits at the rate of eight hours per day.

We also affirm the judge’s denial of future attendant care benefits, but do so without prejudice to claimant’s right to seek such benefits in the future, should it become necessary for him to do so.

Last, we reverse the judge’s denial of attorney’s fees, based on the parties’ stipulation that at least a portion of the benefits awarded claimant were the result of claimant’s attorney having filed a claim. Dalton v. Orange County Sheriff, 503 So.2d 406 (Fla. 1st DCA 1987).

Accordingly, we affirm in part, reverse, and remand for further proceedings on the issue of attorney’s fees.

JOANOS and ZEHMER, JJ., concur.

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