Kimmins Corp. v. Truc

ERVIN, J.,

specially concurring.

The employer/carrier (E/C) appeals from a workers’ compensation order ruling that a verified petition for attorney’s fees and costs dated October 9, 1998, was still pending as of an attorney-fee hearing held on January 26, 2005, which appears to be a case of first impression. I concur with the majority in affirming the order of the judge of compensation claims (JCC).

Claimant was injured in 1992, and the E/C voluntarily provided workers’ compensation benefits. On June 14, 1997, claimant’s attorney and the E/C entered into a joint stipulation stating, inter alia,…