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Workmen\u27s Compensation - Proceedings to Secure Compensation - Allowance of Attorney\u27s Fees to Claimants Unsuccessful on Appeal

By Clayton R. Smalley

Abstract

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant\u27s request for an allowance of reasonable attorney\u27s fees for the unsuccessful appeal was granted. Claimant\u27s employer was then granted certiorari on its contention that the Florida workmen\u27s compensation statute and a past Florida Supreme Court decision had established that attorney\u27s fees would be allowed only when the claimant\u27s appeal was successful. On certiorari, held, award of attorney\u27s fees affirmed. The statute allows an appellate court a sound judicial discretion as to whether attorney\u27s fees should be allowed to the attorneys for the claimant-employee, even though he is unsuccessful on appeal. However, the court should impose upon an unsuccessful claimant-appellant a heavy burden to show the justification for the allowance of additional attorney\u27s fees under such circumstances. Wick Roofing Co. v. Curtis, (Fla. 1959) 110 S. (2d) 385

Topics: Disability, Attorney fee, Legal Profession, Workers\u27 Compensation Law
Publisher: University of Michigan Law School Scholarship Repository
Year: 1960
OAI identifier: oai:repository.law.umich.edu:mlr-6615

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