Femenella v. R.L. Schreiber Food, Inc.

SHIVERS, Judge.

Appellee/cross-appellant R.L. Schreiber Food, Inc. and U.S. Fidelity and Guaranty Company, the employer/carrier, appeal from an order they allege is erroneous because it awarded attorney’s fees without an explicit finding of bad faith. The issue on appeal is whether a deputy commissioner may award attorney’s fees based on a claimant’s economic loss without making a concurrent finding that the carrier acted in bad faith. We answer that question in the negative, and remand for an explicit determination on the issue of bad faith.

Claimant injured his left leg and lower back while…