Wackenhut Corp. v. Schisler

WEBSTER, Judge.

Appellants, the employer and carrier in this workers’ compensation case, seek review of an order directing them to pay a fee to claimant’s attorney. We agree that the record does not contain competent substantial evidence to sustain the conclusion that the employer and carrier acted in bad faith regarding the claim for permanent total disability benefits. Therefore, we reverse.

In 1991, claimant’s attorney requested attorney fees in connection with a claim which had been filed in 1987, alleging underpayment due to an erroneous calculation of claimant’s average weekly wage; and…