GILBERT SOUTHERN CORP. v. FRYE

No. 95-1258.

674 So.2d 798 (1996)

GILBERT SOUTHERN CORPORATION and Aetna Life & Casualty Company, Appellants, v. Wilbur FRYE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 19, 1996.


Attorney(s) appearing for the Case

Daniel Deciccio and Wayne Johnson of Deciccio, Herzfeld & Rubin, Orlando, for Appellants.

Robert A. Wohn, Jr. of Wohn & McKinley, P.A., Cocoa, for Appellee.


PER CURIAM.

In this workers' compensation case we reverse the award of attorney's fees made by the Judge of Compensation Claims (JCC). The JCC awarded fees pursuant to section 440.34(3)(b), Florida Statutes (1991). This statute requires a fee award in any case in which the employer or carrier fails or refuses to pay a claim filed with the Division on or before the twenty-first day after receiving notice of the claim, and the claimant has employed an attorney in the...

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