Brice Building Co. v. Bracken

WENTWORTH, Judge.

Appellants seek review of a workers’ compensation order whereby appellee was awarded payment of attorney’s fees pursuant to § 440.34(2)(b), Florida Statutes. We conclude that the deputy erred in finding “bad faith” as a predicate for the award, and we therefore reverse the order appealed.

As Florida Erection Services Inc. v. McDonald, 395 So.2d 203 (Fla. 1st DCA 1981), recognizes, a deputy commissioner has broad discretion in determining bad faith, and such finding may be predicated on the “delay or denial of payment, without a showing of active effort and initiative on the…