McConnaughhay, Coonrod, Weaver, Stern & Thomas, P.A.

Workers' Compensation

Escambia County Board of County Commissioners v. Reeder

648 So.2d 222

Claimant injured when thrown from a bulldozer. At the time of the accident, claimant was not wearing a seat belt and the employer took the position that benefits should be reduced by 25% for violation of a safety rule. In order to reduce compensation otherwise payable by 25% for violation of a safety rule or standard, there must be a showing of a causal connection between the violation of the safety rule or standard and the resulting accident. The employer has the burden of proving the existence of a causal relationship between the injury sustained and the claimant's failure to wear a safety device. In this case, there was no showing of a causal connection. Accordingly, employer precluded from reducing benefits by 25%. Court reversed denial of penalties. No timely Notice of Denial was filed. Unless a Notice of Denial is filed under Section 440.20(6), Florida Statutes, or failure to pay is found to be beyond the employer/carrier's control, a punitive penalty should be added to any installment of compensation benefits. In this instance, penalties were awarded on the 25% of benefits otherwise due the claimant which were not timely paid since the employer/carrier had wrongfully reduced benefits based upon an alleged violation by the claimant of a safety standard. Penalties are payable where any installment is paid in part but the rest is withheld incorrectly.

Cases

Workers' Compensation

Escambia County Board of County Commissioners v. Reeder