Integrated Health Services v. Hyde, 97-4707.
| Citation | 721 So.2d 1217 |
| Decision Date | 17 December 1998 |
| Docket Number | No. 97-4707.,97-4707. |
| Parties | INTEGRATED HEALTH SERVICES and Gallagher Bassett Services, Inc., Appellants/Cross-Appellees, v. Ruth HYDE, Appellee/Cross-Appellant. |
| Court | Court of Appeal of Florida (US) |
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.
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, even though E/C timely paid all benefits following Claimant's petition for benefits.
In 1995, Appellee (Claimant) sustained a compensable back injury and was assigned a 14% permanent impairment rating. E/C began paying Claimant permanent impairment benefits. Claimant filed a request for assistance pursuant to section 440.191, Florida Statutes, seeking permanent and total disability benefits; in response, E/C filed a notice of denial. Claimant subsequently filed a Petition for Benefits, and E/C accepted Claimant as permanently and totally disabled within the 14-day statutory time frame. See § 440.192(8), Fla. Stat. (Supp.1994).
Claimant sought attorney's fees and costs pursuant to section 440.34(3)(b), Florida Statutes, which provides that a prevailing claimant is generally responsible for payment of his own attorney's fees, with the following exception:
The request for assistance procedure is part of the informal dispute resolution process. Florida Statute section 440.191(2)(d) exempts employers or carriers from liability for attorney's fees for services rendered in connection with the Ombudsman's informal dispute resolution process, unless expressly authorized elsewhere in chapter 440. Neither the filing nor the denial of the...
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Zabik v. PALM BEACH COUNTY SCHOOL DIST.
...for benefits has never been controverted. See Smith v. Burke Painting, 765 So.2d 727 (Fla. 1st DCA 2000); Integrated Health Servs. v. Hyde, 721 So.2d 1217 (Fla. 1st DCA 1998). With regard to the second finding, we must respectfully disagree because under the proper interpretation of the law......
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Vilches v. City of Dunedin
...as amended in 1994. See Wright v. Industrial Automotive, 662 So.2d 1321, 1322-23 (Fla. 1st DCA 1995); see also Integrated Health Servs. v. Hyde, 721 So.2d 1217 (Fla. 1st DCA 1998); Sanchez v. Acapulco Plasters & Stucco, 668 So.2d 298, 300 (Fla. 1st DCA 1996). In Baptist Manor Nursing Home, ......
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Ctl Distribution, Inc. v. Wood
...765 So.2d 727 (Fla. 1st DCA 2000) (affirming denial of fee award because the claim was never controverted); Integrated Health Servs. v. Hyde, 721 So.2d 1217, 1218 (Fla. 1st DCA 1998) (reversing award of fees where "E/C accepted Claimant as permanently and totally disabled within 14 days of ......
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Smith v. Burke Painting, 1D98-1299.
...for an award of attorney's fees under section 440.34(3)(b), Florida Statutes (1995). Under the authority of Integrated Health Servs. v. Hyde, 721 So.2d 1217 (Fla. 1st DCA 1998), we Andrew Smith sustained a compensable industrial injury on March 12, 1997, and commenced receiving indemnity be......