State, Department of Agriculture & Consumer Services v. Handy

THOMPSON, Judge.

The employer and carrier (E/C) appeal a workers’ compensation order, contending that the Deputy Commissioner (Deputy) erred: (1) in denying the E/C’s petition for modification of a prior order awarding nursing services and (2) in awarding claimant’s attorney an excessive fee for his services in resisting the petition for modification. We agree that the Deputy erred in these respects, and that his order requires modification.

In 1973 claimant sustained a compensable injury which rendered him permanently totally disabled. In 1976 a Judge of Industrial Claims determined that…