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INDIAN RIVER COUNTY SCHOOL BD. v. BAKER

No. 95-4198.

695 So.2d 898 (1997)

INDIAN RIVER COUNTY SCHOOL BOARD and McCreary Corporation, Appellants, v. Roberta Carol BAKER, Appellee.

District Court of Appeal of Florida, First District.

June 23, 1997.

Attorney(s) appearing for the Case

Lisa D. Harping of Moss, Henderson, Van Gaasbeck, Blanton & Koval, P.A., Vero Beach, for Appellants.

Edward G. Matheson of Bello & Matheson, P.A., Vero Beach, for Appellee.

KAHN, Judge.

In this workers' compensation case, we have for review an order awarding attorneys' fee pursuant to section 440.34(3)(b), Florida Statutes (1991). This statute allows the claimant to recover fees from the employer "[i]n any case in which the employer or carrier fails or refuses to pay a claim filed with the division ... on or before the 21st day after receiving notice of the claim...." We reverse because the claim was premature when filed, and the employer...

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