Cases

Employer/carrier untimely asserted defense that the claimant had been overpaid benefits.  This defense was raised by the employer/carrier in its written closing argument submitted after the conclusion of the final hearing.  Court determined that this was untimely.  If there had been a determination of overpayment, such overpayment could be deducted from benefits otherwise due the claimant.

JCC erred in this case in denying the claimant an attorney's fee and costs for the successful prosecution of the claim for penalties on the late payment of interest.