Blackburn Home Improvements v. Lebel

District Court of Appeal of Florida

Blackburn Home Improvements v. Lebel

414 So. 2d 12, 1982 Fla. App. LEXIS 19872

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1982

DocketNo. AE-352

StatusPublished

Cited by2 cases

This text of 414 So. 2d 12 (Blackburn Home Improvements v. Lebel) 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.

Bluebook

Blackburn Home Improvements v. Lebel, 414 So. 2d 12, 1982 Fla. App. LEXIS 19872 (Fla. Ct. App. 1982).

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Opinion

WENTWORTH, Judge.

Employer/carrier appeal a'workers’ compensation order which we affirm except as to the determination that employer/carrier is responsible for payment of claimant’s attorney’s fees. Section 440.34(2)(b), Florida Statutes (1979), provides for the assessment of such a fee in cases “where the deputy commissioner issues an order finding that a carrier has acted in bad faith . . . . ” In the present case the deputy has made no express finding of “bad faith,” and the order does not otherwise indicate whether the attorney’s fee award was predicated on such a conclusion. Section 440.34(2)(a) and (c) establish other instances where an employer/carrier is responsible for a claimant’s attorney’s fee; however, the present case does not involve the application of these provisions. We therefore remand this cause for the deputy to indicate whether the attorney’s fee award was predicated upon a finding of “bad faith.”

The order appealed is affirmed in part and the cause is remanded.

ERVIN and SHIVERS, JJ., concur.

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WENTWORTH, Judge.

Employer/carrier appeal a'workers’ compensation order which we affirm except as to the determination that employer/carrier is responsible for payment of claimant’s attorney’s fees. Section 440.34(2)(b), Florida Statutes (1979), provides for the assessment of such a fee in cases “where the deputy commissioner issues an order finding that a carrier has acted in bad faith . . . . ” In the present case the deputy has made no express finding of “bad faith,” and the order does not otherwise indicate whether the attorney’s fee award was predicated on such a conclusion. Section 440.34(2)(a) and (c) establish other instances where an employer/carrier is responsible for a claimant’s attorney’s fee; however, the present case does not involve the application of these provisions. We therefore remand this cause for the deputy to indicate whether the attorney’s fee award was predicated upon a finding of “bad faith.”

The order appealed is affirmed in part and the cause is remanded.

ERVIN and SHIVERS, JJ., concur.

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Bluebook (online)

414 So. 2d 12, 1982 Fla. App. LEXIS 19872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackburn-home-improvements-v-lebel-fladistctapp-1982.

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