Narrative Opinion Summary
In this appellate case, the court reviewed a workers' compensation order concerning a claimant receiving permanent total disability benefits. The primary issues involved the approval of a partial lump-sum advance of these benefits and the modification of attendant care services. The employer/carrier's objection to the lump-sum advance was rejected by the court, as it was deemed advantageous for the claimant and not detrimental to the employer, in accordance with Section 440.20(13) of the Florida Statutes (1979). Additionally, the court approved a change in the claimant's attendant care, facilitated by family members, which proved to be cost-effective and saved the employer/carrier approximately $94 weekly. The deputy commissioner also authorized attorney fees for the claimant in establishing the lump-sum advance need, as per Section 440.34(2) of the Florida Statutes (1979), while retaining jurisdiction to determine the fee amount. Issues regarding attorney fees related to other litigation were left unresolved and were to be addressed upon remand. The decision was concurred by Judges BOOTH, WIGGINTON, and BARFIELD, leading to the affirmation of the appealed order.
Legal Issues Addressed
Authorization for Attorney Feessubscribe to see similar legal issues
Application: The deputy commissioner correctly authorized the claimant to pay attorney fees for establishing the need for the lump-sum advance.
Reasoning: The deputy commissioner correctly authorized the claimant to pay attorney fees for establishing the need for the lump-sum advance under Section 440.34(2) of the Florida Statutes (1979) and retained jurisdiction to review the fee amount later.
Change in Attendant Care Benefitssubscribe to see similar legal issues
Application: The court approved an adjustment in attendant care benefits, recognizing the reasonableness and cost-effectiveness of the claimant's family providing services.
Reasoning: Evidence indicated the claimant required an adjustment in attendant care, with family providing necessary services, which was deemed reasonable and cost-effective, saving the employer/carrier approximately $94 weekly.
Jurisdiction Retained for Attorney Fees Determinationsubscribe to see similar legal issues
Application: The deputy commissioner retained jurisdiction to determine the amount of attorney fees and addressed unrelated litigation issues upon remand.
Reasoning: The order did not entitle the claimant to attorney fees for unrelated litigation issues, with the deputy set to determine these matters upon remand.
Lump-Sum Advance of Permanent Total Disability Benefitssubscribe to see similar legal issues
Application: The court affirmed the order granting a partial lump-sum advance, finding it beneficial to the claimant and not prejudicial to the employer/carrier.
Reasoning: The court dismissed the employer/carrier's argument against the lump-sum advance, finding it beneficial for the claimant and not materially prejudicial to the employer/carrier, citing Section 440.20(13) of the Florida Statutes (1979) and supporting case law.