Cases

Without an award, the employer/carrier retroactively accepted the claimant as permanently and totally disabled.  The question in this case is whether penalties and interest are payable in regards to these payments of permanent total compensation.

Because of the fact that the permanent total benefits were not paid within 14 days of the time that such benefits were payable, court determined that penalties were due.  In determining the date that such penalties are payable, the claimant seeking penalties in this situation does not bear the burden of proving entitlement to PTD benefits, the date entitlement began or when the employer/carrier had sufficient information to determine entitlement to permanent total disability benefits.  Penalties were awarded in this instance where the employer presented no explanation as to why it delayed acceptance of the claim as permanently and totally disabled.

In regards to the payment of interest relating to these retroactive entitlements to permanent total disability benefits, the JCC may not deny interest because late payment resulted from conditions over which the employer/carrier had no control (a finding that would excuse the payment of penalties).  In this instance, there was no basis for denying the payment of interest on the benefits retroactively payable.