Perry v. Ecolab, Inc.
37 FLW D147
Benefits are due to be paid on the date that an order is entered awarding the benefits. JCC entered order awarding benefits. The benefits were not paid within 7 days of the date of the order but were paid within 7 days the order became final, i.e., 30 days after it was mailed to the parties.
Section 440.20(7), Florida Statutes, controls the payment of penalties and requires a 20% penalty if compensation is not paid within 7 days after it becomes due. Since the benefits became due on the date of the order, penalties were payable in this instance.
Section 440.25(5)(a), Florida Statutes, states that an order does not become final until 30 days after it is mailed to the parties unless a timely appeal is filed. Section 440.25(5)(a), Florida Statutes, only applies in determining when an appeal can be taken whereas Section 440.20(7), Florida Statutes, controls when penalties are required.
Penalties deemed to be payable in this instance since compensation order was not paid within 7 days of the order.