MCDONALDS CORPORATION AND GENERAL ADJUSTMENT BUREAU, APPELLANTS,
v.
KIMBERLY ANN DOTY, APPELLEE
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MILLS, Judge.
McDonalds appeals a compensation order finding it responsible for attorney’s fees. We reverse.
The record supports the conclusion that the employer failed to promptly investigate the claim for payment of a hospital bill. However, § 440.34(1), Florida Statutes (1977), conditions entitlement to a fee upon the successful prosecution of a claim. Section 440.34(2) limits the statutory percentage schedule to that portion of the award which the attorney is responsible for securing.
In the case before us, the claimant’s attorney filed one motion to compel. The employer was not notified or aware of this motion until 14 months after paying the claim. Claimant’s attorney did nothing to prosecute this claim and secured no benefits. He is not entitled to a fee.
REVERSED.
JOANOS and THOMPSON, JJ., concur.
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Celtics Mobile Home Mfg. & CNA Ins. Co. v. Butler, 460 So. 2d 486 (Fla. 1st DCA 1984)…of claimant’s attorney, and were not a contributing factor to the need for such intervention. The E/C’s earlier bad faith cannot now form a basis for an award of fees for the successful prosecution of an unrelated claim. Cf. McDonalds Corp. v. Doty, 431 So. 2d 291 (Fla. 1st DCA 1983). The record before us lacks competent, substantial evidence of any bad faith in relation to the claim adjudicated by the DC. A finding to the contrary constitutes a departure from the essential requirements of the law and a clea…