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WEST FLORIDA HOSPITAL v. WASHINGTON

No. AH-307.

418 So.2d 1134 (1982)

WEST FLORIDA HOSPITAL and Ideal Mutual Insurance Company, Appellants, v. Catherine R. WASHINGTON, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 1, 1982.

Attorney(s) appearing for the Case

J. Nixon Daniel, III of Beggs & Lane, Pensacola, for appellants.

John L. Myrick of Kinsey, Myrick, Troxel & McKenzie, P.A., Pensacola, for appellee.

SHAW, Judge.

The appellants claim that the deputy commissioner has misconstrued Dolphin Tire Co. v. Ellison, 402 So.2d 36 (Fla. 1st DCA 1981), as requiring the employer/carrier to pay attorney's fees under section 440.34(2)(c), Florida Statutes (1979), when "the major part of the claim is contested and the claimant prevails." We agree with appellants and reverse. In Dolphin Tire fees

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