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.