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.
Salony v. South Florida Public Communications
24 FLW D1316
The JCC has jurisdiction to determine the correct
offset (social security and long term disability
benefits) and the resulting amount of permanent total
compensation benefits due claimant. Contrary to the
conclusions reached by the JCC, the petition brought by
the claimant seeking to establish the correct offset
was not an enforcement matter subject only to the Rule
Nisi jurisdiction of the circuit court. There is no
question that the JCC has no jurisdiction to enforce a
compensation order. Court ruled that the proceedings
to determine offsets was not an attempt to enforce an
order.
A JCC may assess penalties arising from the carrier's
act of taking an excessive offset. In addition,
payments made on the 14th day after benefits are due is
late under Section 440.20(7), Florida Statutes (1995).
The employer/carrier under this statute has 12 days to
mail a check, i.e., the 7 day statutory time frame plus
the 5 day mailing time provided by Rule 4.030(c),
Florida Rules of Workers' Compensation Procedure.
