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.

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Ocala Geriatric Center v. Davis

21 FLW D2494

Parties settled case and agreed settlement benefits would be paid within 14 days of "the date of entry of the order." Check not mailed to claimant within 14 days of the judge's signature on the order approving the settlement. However, it was mailed to the claimant timely if the 5 additional days for mailing referenced in Rule 4.030(c), Florida Workers' Compensation Rules of Procedure were considered. Court ruled in Palm Beach County School Board v. Miller-Neal, 674 So. 2d 759 (1st DCA 1996) that 5 additional days are added for mailing to determine timely payment of a settlement which stated that benefits were due in a certain period "after it becomes due." Payment becomes due under the Miller-Neal decision by adding 5 days for mailing from the date the judge mails the order approving the settlement. However, the parties in this case agreed that payment would be due within a time frame from the date of the entry of the order which distinguished this case from the Miller-Neal decision. Since the settlement amount was not timely paid to the claimant, penalties deemed to be due to claimant. Dissenting opinion.