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BRICE BUILDING CO. v. BRACKEN

No. AP-332.

436 So.2d 1046 (1983)

BRICE BUILDING CO. and U.S. Fidelity & Guaranty Co., Appellants, v. Gary S. BRACKEN, Appellee.

District Court of Appeal of Florida, First District.

August 30, 1983.

Attorney(s) appearing for the Case

John R. Gierach, of Gierach & Ewald, Orlando, for appellants.

Edward H. Hurt, of Hurt & Parrish; Bill McCabe, of Shepherd, McCabe & Cooley, Orlando, co-counsel for appellee.

WENTWORTH, Judge.

Appellants seek review of a workers' compensation order whereby appellee was awarded payment of attorney's fees pursuant to § 440.34(2)(b), Florida Statutes. We conclude that the deputy erred in finding "bad faith" as a predicate for the award, and we therefore reverse the order appealed.

As Florida Erection Services Inc. v. McDonald, 395 So.2d 203 (Fla. 1st DCA 1981), recognizes, a deputy commissioner...

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