Opinion

Barmes v. Pinellas County Board of County Commissioners, Self-Insured

  • 582 So. 2d 135
  • 1991 Fla. App. LEXIS 6551
  • 1991 WL 119681
Court
District Court of Appeal of Florida
Filed
Jul 3, 1991
Status
Published
Author
Kahn
On the bench
Booth, Kahn, Miner
Cited by
0 cases
Authority
More cited than 26.8%

The opinion

KAHN, Judge.

Barmes appeals the order of the Judge of Compensation Claims (JCC) refusing to allow attorney’s fees for the employer’s alleged wrongful denial of compensability or, in the alternative, for bad faith. Competent substantial evidence supports the JCC’s findings that a brief suspension of temporary total disability benefits was reasonable in light of the circumstances and that the reinstatement of temporary total disability benefits and the subsequent acceptance of claimant as permanently and totally disabled were timely. As this court held in Rusty Pelican Restaurant v. Garcia, 437 So.2d 754 (Fla. 1st DCA 1983), and City of Tampa v. Kopkau, 429 So.2d 381 (Fla. 1st DCA 1983), attorney’s fees are not awardable where the employer admits an accident, pays benefits, ceases paying benefits based on erroneous information, and promptly and voluntarily resumes and retroactively pays such benefits upon discovery of such erroneous information. Affirmed.

BOOTH and MINER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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