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STATE DEPT. OF LABOR & EMP. SECURITY v. BOISE CASCADE CORP.

No. 97-4038.

795 So.2d 967 (1998)

STATE of Florida, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, Appellant, v. BOISE CASCADE CORPORATION and Wausau Insurance Company Cross-Appellants, v. William M. BOWMAN, Jr., Appellee.

District Court of Appeal of Florida, First District.

September 11, 1998.

Attorney(s) appearing for the Case

Katrina D. Callaway, Florida Department of Labor and Employment Security, Tallahassee, for Appellant.

Thomas H. McDonald of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Cross-Appellants.

Irvin A. Meyers of Meyers, Mooney, Meyers, Orlando for Appellee.

PER CURIAM.

There was no legal basis under section 440.34(1), Florida Statutes (1973) for the assessment of attorney's fees against the employer and carrier. Therefore, we reverse the award of attorney's fees in favor of the claimant.

Moreover, we reject the State's argument regarding the calculation of the social security offset. In Acker v. City of Clearwater, 755 So.2d 651 (Fla. 1st DCA 1998), we held that the...

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