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MILHART CONTRACTORS v. YODER

No. AN-37.

428 So.2d 344 (1983)

MILHART CONTRACTORS and Auto Owners Insurance Company, Appellants/Cross Appellees, v. Ronald L. YODER, Appellee/Cross Appellant.

District Court of Appeal of Florida, First District.

March 22, 1983.

Attorney(s) appearing for the Case

Kurt Preston Hampp of Jacobs, Robbins, Gaynor, Hampp, Burns, Cole & Shasteen, P.A., St. Petersburg, for appellants/cross appellees.

Ernest M. Jones, Jr. and J. Michael McCarthy of Jacobs, Valentine, Groseclose, McCarthy & Vining, P.A., Lakeland, for appellee/cross appellant.

JOANOS, Judge.

There is no statutory authority for the deputy commissioner's order that the employer and carrier, Milhart Contractors and Auto Owners Insurance Company, respectively, ("E/C") pay claimant's attorney's fee, therefore we reverse that order. In light of this reversal it is unnecessary to discuss the issue raised on cross-appeal.

The injury occurred on February 22, 1980, thus the 1979 statute applies. Claimant was injured when he fell from a roof...

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