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.
City of Miami v. Bell (Ronald V.)
606 So. 2d 1183, 17 Fla. L. Week. D2182, Fla.App. 1 Dist., Sep 16, 1992
Supreme Court in the opinion of { Barragan v. City of Miami Beach 545 So.2d 252 Case_503} determined that a City of Miami ordinance allowing for an offset against city pension benefits for workers' compensation received was unconstitutional. This court held that the Barragan decision had retroactive effect to 1973 when Section 440.09(4) was repealed. Ordinarily, a claim that is ripe for adjudication is waived if not litigated or considered in a hearing. An exception to this rule, however, is if the law has changed since the initial hearing or if there has been an intervening decision since the initial hearing that would change the benefits payable. At the time of the first hearing, a claim for benefits was ripe for adjudication but it was not claimed. If claimed, those benefits would have been denied based upon the law and the court decisions at the time. Thereafter, a court decision was entered allowing for the benefits to be paid. Court determined that the claim for benefits could be asserted since the laws had been changed since the first hearing and benefits were now payable.(On Motion for Rehearing-Original Opinion 17 FLW D1473)The case of {uldb Barragan v. City of Miami, 545 So.2d 252 Case_503} precluded the City of Miami from deducting workers' compensation benefits received by the claimant from disability benefits payable under a pension plan established by the City. Court determined that the Barragan opinion had retroactive effect and applied to compensable injuries occurring after July 1, 1973. Claimant failed to assert in prior hearing that the City of Miami could not take an offset against pension benefits payable for workers' compensation benefits received. Court determined that the failure to take this position in prior hearing did not preclude him from thereafter asserting the inappropriateness of the offset. At the time of the original hearing, caselaw did not permit the offset. At the time of the subsequent hearing, the law disallowed the offset.If an employer fails to pay compensation benefits when due, it is mandatory that a 10% penalty be assessed. The penalty can be excused only if a timely and appropriate Notice to Controvert has been filed or the employer's non-payment has resulted from conditions over which the employer had no control. In this case, benefits were not paid because of the existing law at the time the employer did not pay. However, by caselaw, that law changed. Court determined that a penalty was due since neither of the two exceptions to the payment of penalties as above noted were applicable. The burden of proving that penalties are not due based on the above two stated exceptions to the award of penalties is on the employer/carrier. Issue certified to the Supreme Court.{uldb Barragan v. City of Miami, 545 So.2d 252 Case503} stated that an offset of workers' compensation benefits received against pension benefits of the city could not be taken as long as the claimant was not paid in excess of his average weekly wage at the time of the accident. Court refused to allocate excess benefits paid over average weekly wage between the City's pension fund and the workers' compensation benefits. Because of the fact that the employer was self-insured, the allocation of benefits payable is an internal municipal matter appropriately resolved by the City alone.
