Cases

In pre-trial stipulation, the employer/carrier stipulated that the claimant’s injuries or conditions were compensable. At the hearing, the employer/servicing agent took the position that the claimant’s neck injury was not causally related to the workplace accident. JCC subsequently determined that the claimant’s neck injury was not related to compensable accident. On appeal, JCC’s decision reversed.

 

As a general rule, a stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the court. By stipulating that the neck injury was compensable, the claimant was relieved of any obligation to establish compensability as to her neck injury and precluded the employer/servicing agent from attempting to establish the contrary until and unless that stipulation is set aside. No request to set aside the stipulation was filed in this case.

 

Court determined that penalties and interest were payable based upon late payment of impairment benefits for a low back condition. Once the employee has reached the date of maximum medical improvement, impairment benefits are due and payable within twenty days after the carrier has knowledge of the impairment rating. JCC failed to rule on when the employer/carrier became aware that impairment benefits were due and payable and accordingly, case remanded to JCC for additional findings regarding this issue.