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STOLZER v. MAGIC TILT TRAILER, INC.

No. 1D03-2747.

878 So.2d 437 (2004)

Dean STOLZER, Appellant, v. MAGIC TILT TRAILER, INC. and United Self Insured Services, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 30, 2004.

Attorney(s) appearing for the Case

William H. McKnight, Tampa, for Appellant.

Elizabeth P. Lynch and David K. Beach of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Appellees.

PER CURIAM.

Dean Stolzer, claimant below, appeals a final order of the Judge of Compensation Claims determining that section 440.34(3), Florida Statutes (2002)1 retroactively applied to the petition for permanent total disability benefits filed as a result of his compensable motor vehicle accident on April 11, 2000, and therefore an award of attorney's fees was precluded. We reverse.

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