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.
Spenco Industries v. Molano
537 So.2d 1016, 13 Fla. L. Week. 2540, (Fla.App. 1 Dist., Nov 18, 1988)
Although the Florida Insurance Guaranty Association is exempt from payment of prejudgment interest and penalties the employer may not use the carrier's exemption as a shield to avoid its own liability. Section 440.20(7) Florida Statutes allows penalties to be brought against the employer or carrier depending on fault. Any interest which FIGA as successor of the workers' compensation carrier at risk which has gone into litigation is not required to pay must be borne by the employer. The same is true for interest. In this case the employer was held responsible for penalties in which it was at fault and for prejudgment interest which FIGA is not required to pay.Penalties may not be awarded if a Notice to Controvert is filed. Penalties can be awarded even though Notice to Controvert filed in regards to claims not specifically controverted.Court determined it was error for deputy commissioner to award benefits for periods of time that parties had stipulated compensation had been paid.An award of interest on the amount of benefits that should have been paid is automatic if the employer/carrier unsuccessfully controverts a claim.
