Chandler v. Centex Rooney Construction Co.

I agree that the order of the Judge of Compensation Claims (JCC) should be affirmed. I write to express my opinion that had Claimant’s attorney preserved the issue of attorney’s fees, he may have been entitled to fees for successfully defeating employer/carrier’s (e/c’s) misrepresentation defense.

Claimant filed a petition for benefits seeking for both temporary and permanent total disability benefits. He also requested attorneys’ fees pursuant to section 440.34(3)(a)-(d), Florida Statutes (2002). E/C denied the claims for indemnity benefits and asserted various defenses, includ-ing the…