W & J Const. Corp. v. Green, AI-296

Decision Date13 July 1982
Docket NumberNo. AI-296,AI-296
CourtFlorida District Court of Appeals
PartiesW & J CONSTRUCTION CORP., and Chubb Pacific Indemnity Co., Appellants, v. David W. GREEN, Appellee.

Bernard J. Zimmerman and Michael M. O'Brien, of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Bruce W. Jacobus, of Wolfe, Kirschenbaum, Caruso, Mosley & Kabboord, P. A., Indialantic, for appellee.

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 WIGGINTON, JJ., concur.

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