LEGAL AID SERVICES OF BROWARD COUNTY AND MARYLAND CASUALTY COMPANY, APPELLANTS,
v.
LORENE LOGSDON AND DIVISION OF WORKERS' COMPENSATION, APPELLEES

Fla. 1st DCA | 1982-07-29
No. AG-118
McCORD and MILLS, JJ., concur.
421 So. 2d 1 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 3 cases
Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

The Court has considered appellants’ petition for rehearing. The petition is denied, 419 So. 2d 1203.

Petitioners are correct in asserting the same issue was recently visited by this Court in The Exceptional Children’s Home and Nursery, Inc. v. Fortuna, 414 So. 2d 1130 (Fla. 1st DCA 1982). In Fortuna, the Court determined a 36 day delay in the payment of a hospital bill was “consistent with sound business practice.” In the present case, the delay in payment was almost six months. The lengthy delay before payment of the hospital bill in the present case provides a sufficient basis to support the deputy’s finding of bad faith for the purpose of awarding an attorney’s fee. Accordingly, the petition for rehearing is DENIED.

McCORD and MILLS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Zeigler v. State, 452 So. 2d 537 (Fla. 1984)
  • Trophy World, Inc. v. Gonzalez, 444 So. 2d 1146 (Fla. 1st DCA 1984)
    …fees based either on USF & G’s bad faith handling of the claim or on the fact that the claim was one for medical benefits only. See Section 440.-34(3)(a), Florida Statutes (1981). This Court held in Legal Aid Services of Broward County v. Logsdon, 421 So. 2d 1 (Fla. 1st DCA 1982), that a six-month delay in the payment of a claimant’s hospital bill provided a sufficient basis to support the deputy commissioner’s finding of bad faith. Compare Exceptional Children’s Home & Nursery, Inc. v. Fortuna, 414 So. 2…
  • Stiles v. Orange Cnty. Bd. OF Cnty. Comm'rs & Crum & Forster Commercial Ins. Cos., 535 So. 2d 618 (Fla. 1st DCA 1988)
    …faith). The claimant, moreover, established economic loss due to the employer/carrier’s delay of approximately five and one-half months from the date of injury in paying claimant’s medical bills. See Legal Aid Services of Broward County v. Logsdon, 421 So. 2d 1 (Fla. 1st DCA 1982) (delay of almost six months in paying hospital bill supported finding of bad faith). REVERSED and REMANDED with directions for the employer/carrier to be assessed the payment of claimant’s attorney’s fees on the ground of bad f…

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