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LEHIGH PORTLAND CEMENT CO. v. BRANCH

No. 46433.

319 So.2d 13 (1975)

LEHIGH PORTLAND CEMENT CO. and Travelers Insurance Company, Petitioners, v. Wesley BRANCH and Industrial Relations Commission, Respondents.

Supreme Court of Florida.

Rehearing Denied October 16, 1975.

Attorney(s) appearing for the Case

Bernard S. Shapiro, of the Law Offices of Joel R. Teague, Miami, for petitioners.

Gerald B. Shaw, Miami, for respondents.

ENGLAND, Justice.

By petition for writ of certiorari we are asked to review a decision of the Industrial Relations Commission awarding attorneys' fees. We have jurisdiction under Article V, Section 3(b)(3) of the Florida Constitution (1972).

The sole issue to be determined is whether petitioner is liable for attorneys' fees under Section 440.34(1), Florida Statutes (1973), which requires the award of fees where an employer fails to pay benefits on or...

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