Opinion
No. AV-464.
May 22, 1984. Rehearing Denied June 27, 1984.
Appeal from the Deputy Commissioner.
John F. McMath, Miami, and Mary Ann Stiles, of Stiles Allen, P.A., Tampa, for appellants.
Ronnie Klein Witlin, of Witlin Witlin, Miami, for appellees.
Appellants, employer/carrier, appeal the deputy commissioner's order awarding to appellee temporary total disability benefits until April 22, 1982, ordering payment of a hospital bill in the amount of $5,132, ordering payment for future medical care and treatment for appellee in the town in which he now lives, and reserving jurisdiction to determine an attorney's fee. Having carefully reviewed the record and having given employer/carrier's arguments due consideration, we affirm the deputy commissioner's order in all respects except for the reservation to determine an attorney's fee, which we strike since no basis exists under chapter 440, Florida Statutes, for a fee to be awarded by the deputy commissioner in this case. However, appellee's motion for an attorney's fee on appeal is granted pursuant to section 440.34(5), Florida Statutes, in the sum of $2,000.
SHIVERS, J., concurs.
MILLS, J., concurs in part and dissents in part with written opinion.
I agree with the majority except that I would reverse that part of the deputy commissioner's order requiring the E/C to pay the hospital bill of $5,132, and I would award appellee's attorney a fee of $750 rather than $2,000 for services rendered in this appeal.
The record reflects that the E/C has paid $2,098 of the hospital bill. It should receive credit for this payment. Also, it appears that the balance of the bill probably includes charges for treatment of problems such as diabetes, ulcer, bronchitis and alcoholism which are unrelated to the industrial injury. I would reverse and remand with instructions that the deputy commissioner separate and remove the noncompensable charges from the hospital bill. Sam L. Rudd Leasing U.S.A. v. Beck, 399 So.2d 97 (Fla. 1st DCA 1981).