Pardo v. Denny's, Inc.

Daryl Pardo appeals a workers’ compensation order that denies his claim to have the employer and carrier, Denny’s, Inc. and Crawford & Company, pay for his attorney’s fees incurred in securing the services of a vascular surgeon. The claim for fees was based on the 21-day rule in subsection 440.34(3)(b), Florida Statutes (1989). The judge of compensation claims denied the claim on the ground that Crawford’s action in telling Claimant’s attorney that Dr. Crist, a vascular surgeon, was authorized within 21 days of receipt of notice of the claim precluded a fee award. It appears, however, that…