Opinion
No. OO-291.
August 4, 1980.
Appeal from the Deputy Commissioner, C.J. Hardee, Jr.
Richard G. Davis, of Fowler, White, Gillen, Boggs, Villareal Banker, Tampa, for appellants.
Clifford R. Opp, Jr., of Peavyhouse, Giglio, Grant, Clark Charlton, Tampa, for appellee.
Substantial competent evidence supports the deputy commissioner's finding that Northcutt's heart attack was compensable by the standard of Victor Wine Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla. 1962). On this record the deputy commissioner could properly have concluded that climbing a 20-foot stack of plywood in lieu of a ladder, while installing wiring, produced an unusual strain or exertion in an indentifiable effort not routine to Northcutt's usual work. On the cross-appeal, it appears that the deputy prematurely ruled on a question of apportioning attorney's fees, Section 440.34, Florida Statutes (1978 Supp.), which was reserved by stipulation for a further evidentiary hearing. Also undisposed of is claimant's claim for interest and penalties.
AFFIRMED in part, REVERSED in part.
BOOTH, J., and WOODIE A. LILES (Ret.), Associate Judge, concur.