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KING v. WINN DIXIE STORES, INC.

No. 95-811.

666 So.2d 948 (1995)

Philip KING, Appellant, v. WINN DIXIE STORES, INC. and Crawford & Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 9, 1996.

Attorney(s) appearing for the Case

Mark N. Tipton of Daniel L. Hightower, P.A., Ocala, for Appellant.

Bernard J. Zimmerman and Thomas W. Sculco of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for Appellees.

ALLEN, Judge.

The claimant appeals a workers' compensation order by which the judge declined to award an attorney's fee in connection with an order on attendant care. Because the attendant care order effected an award of medical benefits, and no other benefits were sought or available at that time, we conclude that an attorney's fee should have been awarded pursuant to section 440.34(3), Fla. Stat. (1987).

The claimant sustained a compensable injury in 1988...

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