King v. Winn Dixie Stores, Inc.

ALLEN, Judge.

The claimant appeals a workers’ compensation order by which the judge declined to award an attorney’s fee in connection with an order on attendant care. Because the attendant care order effected an award of medical benefits, and no other benefits were sought or available at that time, we conclude that an attorney’s fee should have been awarded pursuant to section 440.34(3), Fla. Stat. (1987).

The claimant sustained a compensable injury in 1988 and settled a claim for compensation by an approved settlement agreement which preserved future medical. An order was thereafter entered in…