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.


Amerimark, Inc. d/b/a Reynolds Building Products v. Hutchinson

29 FLW D2161

Parties entered into a stipulation that required the payment of certain compensation benefits within 14 days after the agreement was approved by the judge. JCC concluded that the payments were late since the employer/carrier sent the checks to the employer/carrier’s counsel on the 14th day rather than to the claimant’s attorney. JCC imposed sanctions based upon the late payment of benefits.

On appeal, court determined that the award of penalties for the late payment of benefits was in error. Pursuant to Florida Rule of Workers’ Compensation Procedure 4.150, sanctions are awardable only when there is a showing of willfulness. Willfulness has been characterized as the deliberate defiance of a JCC’s order. JCC made no findings in regard to willfulness for the delayed payment of benefits and accordingly, case remanded to JCC for such findings. Note that in the award of penalties pursuant to 440.20(8), Florida Statutes, there is a mandatory penalty requirement if compensation is not paid timely. See Paver Development Corp. v. McDevitt, 419 So.2d 1156(Fla. 1st DCA 1982). Penalties imposed in this case were those as provided pursuant to Rule 4.150, said penalties to be discretionary by JCC.