Ralston v. Circle K

ALLEN, Judge.

The claimant appeals a workers’ compensation order by which a section 440.34(3)(b), Florida Statutes (1991), attorney’s fee claim was denied. The statute provides for an attorney’s fee when:... the employer or carrier fails or refuses to pay a claim filed with the division which meets the requirements of s. 440.19(l)(e) on or before the 21st day after receiving notice of the claim....

In the present case a permanent total disability claim was accepted and paid on the 21st day after it was filed with the Division of Workers’ Compensation. The claimant had provided the employer with…