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BLACKBURN HOME IMPROVEMENTS v. LEBEL

No. AE-352.

414 So.2d 12 (1982)

BLACKBURN HOME IMPROVEMENTS and Liberty Mutual Ins. Co., Appellants, v. Elude LEBEL, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 8, 1982.

Attorney(s) appearing for the Case

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.

WENTWORTH, Judge.

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...

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