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INTEGRATED HEALTH SERVICES v. HYDE

No. 97-4707.

721 So.2d 1217 (1998)

INTEGRATED HEALTH SERVICES and Gallagher Bassett Services, Inc., Appellants/Cross-Appellees, v. Ruth HYDE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

December 17, 1998.

Attorney(s) appearing for the Case

Donna L. Kerfoot of Vernis and Bowling of the Gulf Coast, P.A., Clearwater, Attorney for Appellant/Cross-Appellee.

Peter C. Burkert, Ft. Myers, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, Attorneys for Appellee/Cross-Appellant.

BOOTH, Judge.

This appeal and cross-appeal arise from an order of the Judge of Compensation Claims (JCC) awarding Claimant attorney's fees and costs pursuant to section 440.34(3)(b), Florida Statutes, based upon the filing of a notice of denial in response to a request for assistance.

The issue before us on appeal is whether Employer/Carrier's (hereinafter E/C) denial of Claimant's "request for assistance" entitles Claimant to attorney's fees,

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