AT & T Technologies, Inc. v. Jackson

District Court of Appeal of Florida

AT & T Technologies, Inc. v. Jackson

478 So. 2d 488, 10 Fla. L. Weekly 2541, 1985 Fla. App. LEXIS 16804

CourtDistrict Court of Appeal of Florida

DecidedNovember 14, 1985

DocketNo. BE-390

StatusPublished

Cited by2 cases

This text of 478 So. 2d 488 (AT & T Technologies, Inc. v. Jackson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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AT & T Technologies, Inc. v. Jackson, 478 So. 2d 488, 10 Fla. L. Weekly 2541, 1985 Fla. App. LEXIS 16804 (Fla. Ct. App. 1985).

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Opinion

THOMPSON, Judge.

AT & T Technologies, Inc. (AT & T) appeals a workers’ compensation order finding that the self-insured employer’s conduct in handling appellee’s claim for wage-loss benefits evidenced bad faith and awarding appellee a $5,000.00 attorney’s fee. We affirm in part and reverse in part.

Because we are unable to conclude that the record is entirely devoid of any evidence of bad faith on the part of AT & T, we affirm the deputy commissioner’s finding. See Burnup & Sims, Inc. v. Ozment, 440 So.2d 29 (Fla. 1st DCA 1983); Layne Atlantic Co. v. Scott, 415 So.2d 837 (Fla. 1st DCA 1982). As to the amount of the fee awarded, it is clear that the deputy failed to expressly consider the guidelines and factors set forth in § 440.34(l)(a)-(h), Fla.Stat. Therefore, we reverse the amount of the fee awarded and remand for reconsideration in light of all factors required under the statute and case law. Lee Engineering & Construction Co. v. Fellows, 209 So.2d 454 (Fla.1968); Central Truck Lines, Inc. v. Coleman, 458 So.2d 1145 (Fla. 1st DCA 1984).

. Accordingly, we affirm the finding of bad faith, but reverse the amount of the fee awarded and remand for further proceedings consistent herewith.

MILLS and SMITH, JJ., concur.

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THOMPSON, Judge.

AT & T Technologies, Inc. (AT & T) appeals a workers’ compensation order finding that the self-insured employer’s conduct in handling appellee’s claim for wage-loss benefits evidenced bad faith and awarding appellee a $5,000.00 attorney’s fee. We affirm in part and reverse in part.

Because we are unable to conclude that the record is entirely devoid of any evidence of bad faith on the part of AT & T, we affirm the deputy commissioner’s finding. See Burnup & Sims, Inc. v. Ozment, 440 So.2d 29 (Fla. 1st DCA 1983); Layne Atlantic Co. v. Scott, 415 So.2d 837 (Fla. 1st DCA 1982). As to the amount of the fee awarded, it is clear that the deputy failed to expressly consider the guidelines and factors set forth in § 440.34(l)(a)-(h), Fla.Stat. Therefore, we reverse the amount of the fee awarded and remand for reconsideration in light of all factors required under the statute and case law. Lee Engineering & Construction Co. v. Fellows, 209 So.2d 454 (Fla.1968); Central Truck Lines, Inc. v. Coleman, 458 So.2d 1145 (Fla. 1st DCA 1984).

. Accordingly, we affirm the finding of bad faith, but reverse the amount of the fee awarded and remand for further proceedings consistent herewith.

MILLS and SMITH, JJ., concur.

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478 So. 2d 488, 10 Fla. L. Weekly 2541, 1985 Fla. App. LEXIS 16804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/at-t-technologies-inc-v-jackson-fladistctapp-1985.

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