Opinion
No. AE-352.
April 29, 1982. Rehearing Denied June 8, 1982.
Robert W. Elton, of Smalbein, Eubank, Johnson, Rosier Bussey, Daytona Beach, for appellants.
Edward H. Hurt, of Hurt Parrish, and Bill McCabe, of Shepherd, McCabe Cooley, Orlando, for appellee.
Employer/carrier appeal a workers' compensation order which we affirm except as to the determination that employer/carrier is responsible for payment of claimant's attorney's fees. Section 440.34(2)(b), Florida Statutes (1979), provides for the assessment of such a fee in cases "where the deputy commissioner issues an order finding that a carrier has acted in bad faith. . . ." In the present case the deputy has made no express finding of "bad faith," and the order does not otherwise indicate whether the attorney's fee award was predicated on such a conclusion. Section 440.34(2)(a) and (c) establish other instances where an employer/carrier is responsible for a claimant's attorney's fee; however, the present case does not involve the application of these provisions. We therefore remand this cause for the deputy to indicate whether the attorney's fee award was predicated upon a finding of "bad faith."
The order appealed is affirmed in part and the cause is remanded.
ERVIN and SHIVERS, JJ., concur.