Florida Mining & Minerals v. Brantley

LARRY G. SMITH, Judge.

The employer/carrier appeal a workers’ compensation order awarding temporary partial and temporary total disability benefits to the claimant. In addition, the claimant, by a separate motion, seeks an award of attorney’s fees on appeal, contending that Section 440.34, Florida Statutes (1979 Amendment) is unconstitutional as applied to deny attorney’s fees to the claimant on appeal, in controvention of Article I, Sec*353tion 21, “Access to courts,” Florida Constitution. We affirm the order appealed, and deny the constitutional challenge.

The E/C’s chief complaint with respect…