Nathan, Kimball, King & Levine v. Moss

SHIVERS, Judge.

In this workers’ compensation case, the employer/carrier appeal two orders of the deputy commissioner. Appellants contend that the deputy commissioner erred in adjudicating the issue of permanent total disability (PTD), in adjudicating the issue of entitlement to attorney’s fees based on bad faith without holding a hearing on that issue, and in finding bad faith. We affirm in part and reverse and remand in part.

Because the employer/carrier began to voluntarily make PTD payments after the first hearing in this case, the employer/carrier contend that the deputy commissioner erred…