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 North Miami v. Marcy
630 So.2d 601
As expressly acknowledged by Section 440.20(7), Florida
Statutes, a claimant can waive the right to a penalty
by not specifically and timely claiming that
right following the untimely payment of compensation.
There is no such waiver provision in Section 440.20(8)
relating to the untimely payment of benefits pursuant
to an award. Benefits become due following an award
that is appealed after the issuance of the appellate
mandate. In this case, the employer/carrier timely
paid the amount of penalties for the order that was
appealed. Order of penalties for alleged untimely
payments reversed since no claim had been filed for
such penalties as required by Section 440.20(7),
Florida Statutes. Where order not paid following
issuance of mandate, claimant is not only entitled to a
20% penalty but also to statutory interest on the
unpaid penalty from 30 days after compensation was due.
An award of interest on the amount of benefits which
should be paid is automatic where the employer/carrier
unsuccessfully controverts a claim.
