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478 So. 2d 488

478 So.2d 488

10 Fla.L.Weekly 2541

AT & T Technologies, Inc. v. Jackson

District Court of Appeal of Florida

Decided November 14, 1985

District Court of Appeal of Florida · decided 1985-11-14

Cited by 2 later decisions — most recently July 1988

2 state decisions

Relies on Gray v. Attorney General · 415 So. 2d 837 - Layne Atlantic Co. v. Scott · 458 So. 2d 1145 - Central Truck Lines, Inc. v. Coleman

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-14

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THOMPSON, Judge.

¶1AT & T Technologies, Inc. (AT & T) appeals a workers’ compensation order finding that the self-insured employer’s conduct in handling appellee’s claim for wage-loss benefits evidenced bad faith and awarding appellee a $5,000.00 attorney’s fee. We affirm in part and reverse in part.

¶2Because we are unable to conclude that the record is entirely devoid of any evidence of bad faith on the part of AT & T, we affirm the deputy commissioner’s finding. See Burnup & Sims, Inc. v. Ozment, 440 So.2d 29 (Fla. 1st DCA 1983); Layne Atlantic Co. v. Scott, 415 So.2d 837 (Fla. 1st DCA 1982). As to the amount of the fee awarded, it is clear that the deputy failed to expressly consider the guidelines and factors set forth in § 440.34(l)(a)-(h), Fla.Stat. Therefore, we reverse the amount of the fee awarded and remand for reconsideration in light of all factors required under the statute and case law. Lee Engineering & Construction Co. v. Fellows, 209 So.2d 454 (Fla.1968); Central Truck Lines, Inc. v. Coleman, 458 So.2d 1145 (Fla. 1st DCA 1984).

¶3. Accordingly, we affirm the finding of bad faith, but reverse the amount of the fee awarded and remand for further proceedings consistent herewith.

MILLS and SMITH, JJ., concur.
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