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STRAKER v. PORT CHARLOTTE EXCAVATING

No. 88-855.

540 So.2d 155 (1989)

Joseph T. STRAKER, Appellant, v. PORT CHARLOTTE EXCAVATING, Appellee.

District Court of Appeal of Florida, First District.

March 10, 1989.

Attorney(s) appearing for the Case

Kerry E. Mack, of Kerry E. Mack, P.A., Englewood, for appellant.

Gerald W. Pierce, of Henderson, Franklin, Starnes & Holt, Ft. Myers, for appellee.

JOANOS, Judge.

Claimant Joseph T. Straker has appealed from an order of the deputy commissioner denying a claim for bad faith attorney's fees. We reverse.

Straker injured his back in a compensable accident in April 1981. In October 1984, he submitted a claim for payment of certain medical bills and compensation benefits. Notably, although he claimed attorney's fees, he did not allege a bad faith basis for that claim. Although the compensation benefits were...

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