WHITE ELECTRICAL CONSTRUCTION COMPANY AND THE TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
VICTOR BLACKER, APPELLEE
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PER CURIAM.
The employer and carrier contend that the deputy commissioner erred in awarding an attorney’s fee to Blacker because there was insufficient evidence to support the deputy’s finding that they declined to timely pay Blacker’s claim for permanent total disability. We agree and reverse.
Blacker concedes in his brief that the deputy did not admit into evidence any reports of the treating physician, that the physician’s testimony was not taken, and that the record does not contain any other evidence that would indicate Blacker reached maximum medical improvement more than twenty-one days before the carrier voluntarily accepted him as permanently totally disabled. This evidence was required before the employer and carrier were liable for Blacker’s attorney’s fee as provided in Section 440.34(1), Florida Statutes.
Accordingly, the judgment of the deputy commissioner is reversed.
MILLS, C. J., and ROBERT P. SMITH, Jr. and WENTWORTH, JJ., concur.
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H & S Citrus, Inc. v. Revels, 419 So. 2d 694 (Fla. 1st DCA 1982)…more than twenty-one days before the E/C voluntarily accepted her as permanently totally disabled, the E/C would not be liable for attorney’s fees as provided in Section 440.34(1), Florida Statutes. White Electrical Construction Company v. Blacker, 392 So. 2d 1009 (1st DCA 1981). Revels contends that Smith v. Dixie Packers, Inc., 384 So. 2d 709 (1st DCA 1980) and Roberts v. Georgia Pacific Corporation, 394 So. 2d 1093 (1st DCA 1981) support the award. In Smith, this court reversed a denial of attorney’s fee…