Mueller v. Searcy

SHIVERS, Judge.

Appellants employer/carrier appeal workers’ compensation order of modification awarding claimant permanent total disability benefits and awarding claimant’s attorney a $13,750 fee.

At issue are (1) whether the deputy commissioner, upon modification, may award permanent total disability benefits to claimant based upon his worsened and totally diminished wage earning capacity, and (2) whether the attorney’s fee award is excessive.

Claimant Searcy injured his back in a compensable accident on January 3, 1972. Searcy filed a petition to modify a June 10, 1980, order which found that…