Sumter Co. Bd. of County ComMissioners v. Groover

I concur in all aspects of the majority’s opinion except that portion reversing and remanding the award of bad faith attorney’s fees for further proceedings. I agree that remand is necessary but only for the judge to make a specific finding whether the employer/carrier (E/C) acted in bad faith. The rule is clear that a judge cannot award attorney’s fees based solely on a claimant’s economic loss, without making a concurrent finding that the E/C acted in bad faith. Femenella v. R.L. Schreiber Food, Inc., 519 So.2d 1001 (Fla. 1st DCA 1987); O.T. Sims & Assocs. v. Merchant, 435 So.2d 884 (Fla.…