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CLARK v. SARALAKES ESTATES

No. BG-43.

482 So.2d 387 (1985)

Donald G. CLARK, Appellant, v. SARALAKES ESTATES and Aetna Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 7, 1985.

Attorney(s) appearing for the Case

E. Douglas Spangler, Jr., Sarasota, for appellant.

Mark E. Hungate, of Fowler, White, Gillen, Boggs, Villareal and Banker, St. Petersburg, for appellees.

WIGGINTON, Judge.

Appellant appeals the deputy commissioner's denial of appellant's motion for attorney's fees to be paid by appellees employer/carrier pursuant to section 440.34(3)(a) or (c), Florida Statutes. We reverse.

The record shows that appellant prevailed in proceedings in which he sought medical benefits only and at the time he sought those benefits, he had not filed and was not entitled to file a claim...

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