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.
Foster v. E. G. & G., Florida, Inc.
795 So.2d 151, 26 FLW D2139
The issue in this case is whether a claim for penalties
was waived if not demanded at an emergency conference
prior to the final hearing. JCC determined at
emergency conference that temporary total benefits were
due expressly reserving jurisdiction to determine
entitlement to penalties and all other issues raised in
Petition for Benefits.
Subsequent to emergency conference, Petition for
Benefits itself came up for final hearing at which time
additional temporary total benefits were awarded
(benefits payable in excess of those ordered in the
emergency conference). In addition, penalties
were ordered on benefits ordered to be due at
the emergency conference. Court determined that
an award of penalties for benefits awarded at emergency
conference is not foreclosed where such
penalties are not demanded at an emergency conference.
Claimant did not conclude the prosecution of her claim
for benefits without specifically claiming as
additional compensation a penalty as provided for in
Section 440.20(6), Florida Statutes. A clear purpose of
an emergency conference is to isolate certain matters
to be expedited for resolution and the emergency
conference is not considered a final conclusion of all
issues.
