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Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …