Cases

Sections 440.20(6) and 440.20(8), Florida Statutes, govern penalties and interest respectively.  Because those subsections are substantive, the version of the statute that applies is that which is in effect as of the date of the accident.

In accordance with Section 440.20(6), Florida Statutes (1997), the employer/carrier who pays an installment of compensation more than 7 days after it becomes due shall pay a penalty of 20% of the unpaid installment unless such non-payment results from conditions over which the employer or carrier has no control.  Evidence of a claims office's standard mailing practices creates a rebuttable presumption that a particular item was mailed.  In this case, the adjuster testified that the checks were sent out by regular mail and although she did not see the checks that actually went out, this was the normal practice.  This evidence was sufficient to permit the JCC to infer that the employer/carrier followed the normal course of business regarding mailing and based upon the presumption that the check was mailed timely, court determined that no penalties were due.  The JCC was correct in denying penalties.

Section 440.20(8), Florida Statutes, provides for the payment of interest of 12% if an installment of compensation is not paid timely.  Unlike the penalty provisions, there are no exceptions to the payment of interest.  JCC did find certain payments were paid late and in this circumstance, the award of interest was mandatory.  In reviewing the case of Corkery v. Best Wings of Cape Coral, 707 So. 2d 884(Fla. 1st DCA 1998), court determined that any reference to excuses for late payment of benefits relating to the question of interest payments was dicta. Court determined that interest would be payable regardless of whether the employer/carrier had any control over the delay in payment of benefits.