Schollenberger v. City of Miami

ADKINS, Justice.

By petition for writ of certiorari, we are asked to review an order of the Florida Industrial Relations Commission, which by split two-to-one vote affirmed the order of the Judge of Industrial Claims, denying award of attorneys’ fees for certain benefits awarded the claimant-petitioner herein.

Two issues are before this Court. The first is whether an employer must pay claimant’s attorneys’ fees under Fla.Stat. § 440.34(1), F.S.A., where it originally controverts the claim, but after the claim is refiled commences payment within the time limits contemplated by Fla.Stat. § 440.-*38634(1…