Booker v. Lane's Texaco Service

BOOTH, Judge.

This cause is before us on appeal from an order of the deputy commissioner dated September 17, 1986, denying claimant an award of attorney fees for services rendered in obtaining benefits due as a result of an accident occurring on August 11, 1982. The deputy’s order expressly found that there was no “bad faith” on the part of the employer/carrier (E/C) which would allow the award of fees under Section 440.-34(3)(b), Florida Statutes. Also raised, but not expressly referred to by the deputy, is subsection (3)(c) of the statute, allowing fees where the E/C denies compensability.1

Th…