Gates Energy Products v. Long

The employer and carrier appeal from a final order awarding various compensation benefits. We affirm except with respect to the award of attorney’s fees.

According to the order, the basis of the fee award was bad faith on the part of the E/C. Although claimant had made a claim for attorney’s fees from the outset, at no time did claimant make explicit that the claim was grounded on bad faith. There was no forthright assertions of bad faith, nor any meaningful litigation on that subject at the hearing. Accordingly, the award of attorney’s fees must be reversed and the case remanded with…