Legal Opinion

Prestressed Decking Corp. v. Medrano

District Court of Appeal of Florida

Decided June 9, 1989No. 88-1950PublishedCited by 1 opinion

1Opinion of the Court

WENTWORTH, Judge.

Employer/carrier seek review of a workers’ compensation order by which an attorney’s fee was awarded. We find that the fee was properly denominated a bad faith *404award pursuant to section 440.34(3)(b), Florida Statutes, so as to be entirely excluded from recoupment in the carrier’s rate base, premium, or rate filing. We further find that the record contains an adequate predicate for the amount of the fee. In the circumstances of this case we find no improper anticipation or prejudgment in the deputy’s statement that the amount would be unchanged even should employer/carrier…

2Cases cited7 opinions

  1. Holiday Care Center v. ScrivenDistrict Court of Appeal of Florida · 1982
  2. Barr v. Pantry PrideDistrict Court of Appeal of Florida · 1987
  3. Fiesta Fashions, Inc. v. CapinDistrict Court of Appeal of Florida · 1984
  4. M. Serra Corp. v. GarciaDistrict Court of Appeal of Florida · 1983
  5. Brevard Community College v. BarberDistrict Court of Appeal of Florida · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Fumigation Dept. v. PearsonDistrict Court of Appeal of Florida · 1989

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