# Westinghouse Electric v. Widlan

> District Court of Appeal of Florida · April 16, 1993 · 623 So. 2d 511

URL: https://www.frixlaw.com/law-library/cases/7631180

## Case

- **Full name:** WESTINGHOUSE ELECTRIC and Gates McDonald & Co. v. Samuel WIDLAN
- **Court:** District Court of Appeal of Florida
- **Decided:** April 16, 1993
- **Citations:** 623 So. 2d 511; 1993 Fla. App. LEXIS 4351; 1993 WL 116707
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Booth, Kahn, Mickle
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7631180

## How later opinions describe it (automated extraction)

- holding a Judge of Compensation Claims (JCC) has jurisdiction over issues concerning compensa-bility

## Opinion text

OPINION ON REHEARING
PER CURIAM.
Having considered Appellee/Claim-ant’s Motion for Reconsideration of the Denial of Attorney’s fees, we grant the motion and remand the cause to the Judge of Compensation Claims to revisit the issue of trial attorney’s fees and to address specifically whether bad faith existed. See section 440.-34(3)(b), Florida Statutes (1987). In response to the denial of Claimant’s motion for appellate attorney’s fees, Claimant correctly maintained that the Employer/Carrier had initiated appellate proceedings and that Claimant had prevailed on the only substantive issue on appeal. Accordingly, we find Claimant is entitled to an appellate fee award *515 pursuant to section 440.34(5), Florida Statutes (1987).
BOOTH, KAHN and MICKLE, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7631180. Public record. Not legal advice.