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Philips Petroleum v. Wyatt

Citations: 404 So. 2d 1172; 1981 Fla. App. LEXIS 21386Docket: No. YY-427

Court: District Court of Appeal of Florida; October 22, 1981; Florida; State Appellate Court

Narrative Opinion Summary

Employer/carrier appealed a workers’ compensation order, which was affirmed except for the claimant’s compensation rate and the award of attorney’s fees. The claimant acknowledged errors regarding these issues, agreeing that an attorney’s fee award is inappropriate and that the correct compensation rate is $95.77 per week. The order was amended to reflect these concessions and affirmed as amended. Judges ERVIN, WENTWORTH, and JOANOS concurred.

Legal Issues Addressed

Amendment of Judicial Orders

Application: The judicial order was amended to align with the claimant's concessions regarding compensation rate and attorney’s fees, and subsequently affirmed as amended.

Reasoning: The order was amended to reflect these concessions and affirmed as amended.

Attorney’s Fees in Workers’ Compensation Cases

Application: The award of attorney’s fees was deemed inappropriate and removed from the final amended order following claimant's concession of error.

Reasoning: The claimant acknowledged errors regarding these issues, agreeing that an attorney’s fee award is inappropriate.

Workers’ Compensation: Appeal of Compensation Rate

Application: The employer/carrier successfully appealed the claimant's compensation rate, resulting in an amendment of the original order to reflect the correct rate.

Reasoning: The claimant acknowledged errors regarding these issues, agreeing that the correct compensation rate is $95.77 per week.