AT & T TECHNOLOGIES, INC., APPELLANT,
v.
BETTY JACKSON, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the finding of bad faith by the employer but reversed the amount of attorney's fees awarded, remanding for reconsideration.
The employer appealed a workers' compensation order that found their conduct in handling a wage-loss benefits claim evidenced bad faith and awarded at…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Wage Loss Benefits cases and more on FLexlaw
THOMPSON, Judge.
AT & T Technologies, Inc. (AT & T) appeals a workers’ compensation order finding that the self-insured employer’s conduct in handling appellee’s claim for wage-loss benefits evidenced bad faith and awarding appellee a $5,000.00 attorney’s fee. We affirm in part and reverse in part.
Because we are unable to conclude that the record is entirely devoid of any evidence of bad faith on the part of AT & T, we affirm the deputy commissioner’s finding. See Burnup & Sims, Inc. v. Ozment, 440 So. 2d 29 (Fla. 1st DCA 1983); Layne Atlantic Co. v. Scott, 415 So. 2d 837 (Fla. 1st DCA 1982). As to the amount of the fee awarded, it is clear that the deputy failed to expressly consider the guidelines and factors set forth in § 440.34(l)(a)-(h), Fla.Stat. Therefore, we reverse the amount of the fee awarded and remand for reconsideration in light of all factors required under the statute and case law. Lee Engineering & Construction Co. v. Fellows, 209 So. 2d 454 (Fla.1968); Central Truck Lines, Inc. v. Coleman, 458 So. 2d 1145 (Fla. 1st DCA 1984).
. Accordingly, we affirm the finding of bad faith, but reverse the amount of the fee awarded and remand for further proceedings consistent herewith.
MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brevard Cmty. Coll. & Gallagher-Bassett Ins. Serv. v. Anderson Barber, 488 So. 2d 93 (Fla. 1st DCA 1986)…ed to controvert wage-loss claims, filed every month by claimant between September 1983 and the date of the hearing, without any investigation. We therefore affirm the deputy commissioner’s finding of bad faith. AT & T Technologies, Inc. v. Jackson, 478 So. 2d 488 (Fla. 1st DCA 1985). The employer and servicing agent next argue that they were prejudiced by the in camera inspection procedure utilized by the deputy commissioner. We note that appellants’ counsel failed to request at the in camera hearing that t…
-
Taylor v. Fulmer-Orlando, 528 So. 2d 1224 (Fla. 1st DCA 1988)…. 1st DCA 1984), and his failure to expressly consider the guidelines and factors set out in section 440.34(l)(a)-(h), Florida Statutes. Central Truck Lines, Inc. v. Coleman, 458 So. 2d 1145 (Fla. 1st DCA 1984); AT & T Technologies, Inc. v. Jackson, 478 So. 2d 488 (Fla. 1st DCA 1985); W.A. Doss & Sons, Inc. v. Barbato, 487 So. 2d 377 (Fla. 1st DCA 1986). Accordingly, we affirm the deputy’s finding of bad faith, reverse the amount of attorney’s fees awarded, and remand for reconsideration in light of the fac…
Authorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Layne Atl. Co. & Wausau Ins. Cos. v. Scott, 415 So. 2d 837 (Fla. 1st DCA 1982)
- Metro. Dade Cnty. v. Bertram Craven, 458 So. 2d 1145 (Fla. 3d DCA 1984)
- Burnup & Sims, Inc. v. Ozment, 440 So. 2d 29 (Fla. 1st DCA 1983)