Central Maintenance & Welding v. Simmons

In this workers’ compensation case, the employer and carrier seek review of an order awarding a fee to claimant’s attorney based upon findings that the carrier had acted in bad faith in four discrete instances. We reverse.

Claimant sustained a compensable injury in August 1988. He was ultimately voluntarily accepted by the carrier as permanently and totally disabled in June 1991, some six weeks after he had filed his claim requesting such benefits.

Claimant’s attorney argued that he was entitled to a reasonable fee, to be paid by the carrier, because the carrier had acted in bad faith. Pursuant…