Johnson v. Marriott Hotel

ZEHMER, Judge.

Claimant Katrelia Johnson appeals a workers’ compensation order denying her claim for an attorney’s fee on the grounds of bad faith. Claimant contends that the carrier acted in bad faith in determining her average weekly wage and that the penalties assessed against the carrier were further evidence of its bad faith handling of this claim. We reverse.

On October 20, 1984, claimant suffered an injury to her right knee in an accident arising out of and in the course and scope of her employment. A claim was made for determination of average weekly wage and compensation rate,…