Volusia County Fire Services v. Eaby

Volusia County Fire Services and County Risk Management, respectively the employer and carrier, seek reversal of a order of the Judge of Compensation Claims (JCC) awarding attorney’s fees to the claimant, Alan Eaby, appellee, on the authority of sections 440.34(3)(b) and 440.192(8), Florida Statutes (1995). For the reasons that follow, we agree that an award of attorney’s fees was not warranted in the instant case and reverse.

Claimant was working as a paramedic when he was exposed to the hepatitis C virus during the scope and course of employment. Through a joint petition approved by the JCC,…