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.
Management Systems v. Hood
790 So.2d 578, 26 FLW D1852
Employer/carrier appealed judge's order which required
the payment of medical bills based on the fact that no
evidence was presented establishing the amounts of the
bills. Order affirmed but case remanded for further
proceedings allowing the parties the opportunity to
present evidence as to the amounts of the bills.
Denial of penalties for the late payment of benefits
reversed. Employer/carrier had filed a Notice of
Denial within 14 days of the filing of the Petition for
Benefits and the JCC found that because the Notice of
Denial had been timely filed, no penalties were due.
In relying on the case of Eastern Industries, Inc. v.
Burnham, 750 So.2d 748, the court determined that
penalties may be due even if a Notice of Denial was
filed within 14 days of the filing of the Petition for
Benefits.
Penalties are due if the employer/carrier refuses to
pay compensation at the time the facts then known to
the employer/carrier would support an obligation to
pay, unless a notice is filed under Section 440.20(4),
Florida Statutes, i.e., the pay and investigate
provision. The employer/carrier did not invoke the pay
and investigate provision of the workers' compensation
statute and there was no evidence that non-payment of
benefits resulted from conditions over which the
employer/carrier had no control.
There was a dispute as to when the employer/carrier
became aware of evidence that supported the claim for
compensation and case remanded to JCC to make findings
as to when the employer/carrier became aware of such
evidence. Based on those findings, the JCC should
determine whether penalties were due.
