Cases

In ruling on the claimant's entitlement to temporary partial benefits, the JCC found that the claimant had not filed the DWC-19 forms sent to her attorney.  The employer/carrier had never raised this as a defense to the claim for temporary partial benefits. Court determined that JCC had violated the claimant's due process rights by sua sponte considering a defense not raised by the employer/carrier. 

JCC erred in denying penalties and interest.  Penalties and interest were due because the claimant established that she was entitled to temporary partial disability benefits and had proved that such benefits were not paid within seven days of the date they became due.  Such proof constitutes a prima facie case for penalties and interest.  See Section 440.20(6)(a), Florida Statutes (2009).