McDONALDS CORP. v. DOTY

No. AN-121.

431 So.2d 291 (1983)

McDONALDS CORPORATION and General Adjustment Bureau, Appellants, v. Kimberly Ann DOTY, Appellee.

District Court of Appeal of Florida, First District.

May 12, 1983.


Attorney(s) appearing for the Case

Anthony J. Beisler, III, Fort Lauderdale, for appellants.

Philip S. Anderson of Anderson & Anderson, P.A., Fort Lauderdale, for appellee.


MILLS, Judge.

McDonalds appeals a compensation order finding it responsible for attorney's fees. We reverse.

The record supports the conclusion that the employer failed to promptly investigate the claim for payment of a hospital bill. However, § 440.34(1), Florida Statutes (1977), conditions entitlement to a fee upon the successful prosecution of a claim. Section 440.34(2) limits the statutory percentage schedule to that portion of the award which...

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