Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Palm Beach County School Board v. Miller-Neal
21 FLW D865
Parties entered into a joint petition settlement
agreement which was approved by JCC. Payment of
settlement was made by employer/carrier twelve days
after order entered. The question in this case is
whether the payment of the settlement was late and
claimant was entitled to penalties pursuant to the
terms of Section 440.20(7), Florida Statutes.
Following entry of an order approving a washout
settlement, the date that the order is mailed to the
parties (rather than the date it is entered) controls
in determining the time frame for payment of the
settlement amount to the claimant. Payment is deemed
to be made on the date that the employer/carrier mails
the check to the claimant or his attorney. Court
determined that in following Rule 40.030(c), Florida
Workers' Compensation Rules of Procedure, payment to
the claimant becomes due five days after the order
approving the washout settlement was mailed to the
parties. Five days after the order is entered, the
employer/carrier then has up to seven days to make a
payment to the claimant or incur a mandatory penalty.
Court determined in this case that payment was timely
made and penalties denied.