Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Hulbert v. Avis Rent-A-Car Systems, Inc.
469 So.2d 235, 10 Fla. L. Week. 1319, (Fla.App. 1 Dist., May 29, 1985)
Wage loss benefits are payable within 14 days of the
date upon which the employer/carrier has knowledge of
the compensable wage loss. "Knowledge of the
compensable wage loss" does not mean the date upon
which the employer/carrier receives the wage loss
request forms. In this case the employer/carrier had
knowledge of the claimant's entitlement to wage loss
prior to the actual receipt of the wage loss request
forms from the claimant. Accordingly penalties and
interest payable. Under applicable rules the
employer/carrier is required to advise the claimant of
his or her entitlement to possible wage loss benefits
and provide the claimant with the required forms. This
is an obligation of the employer/carrier even if they
disagree with the entitlement to benefits. The proper
vehicle to voice a disagreement with the entitlement to
benefits is throught the Notice to
Controvert.Employer/carrier representative testified
that wage loss benefits were paid timely upon receipt
of the wage loss request forms. Prior to receipt of
wage loss forms employer/carrier's attorney had taken
the deposition of the treating physician and determined
that there was a permanent physical impairment rating.
Upon knowledge of the impairment rating
employer/carrier did not notify the employee that he
may be entitled to wage loss benefits nor were wage
loss forms sent to the claimant (Rule 38F 3.18(2)).
Because of the employer/carrier's failure to follow the
rules of procedure and because the time in which wage
loss benefits may be due runs from the notice of
permanency as opposed to receipt of the wage loss forms
court determined that interest and penalties were due.
