Anderson v. Gadsden County School Board

District Court of Appeal of Florida

Anderson v. Gadsden County School Board

868 So. 2d 605, 2004 Fla. App. LEXIS 2930, 2004 WL 438581

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 2004

DocketNo. 1D03-2560

StatusPublished

This text of 868 So. 2d 605 (Anderson v. Gadsden County School Board) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anderson v. Gadsden County School Board, 868 So. 2d 605, 2004 Fla. App. LEXIS 2930, 2004 WL 438581 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

In this workers’ compensation case, claimant seeks review of an order denying her claim made pursuant to section 440.20(6), Florida Statutes (2002), seeking additional penalties on late payments of permanent total disability benefits. The employer and carrier paid a 20-percent penalty on the first late payment and a $5.00 penalty on each subsequent late payment. The judge of compensation claims denied the claim on the ground that all appropriate penalties had been paid. After the judge of compensation claims had entered his order we held, in a case of first impression, that, in circumstances like those presented here, section 440.20(6) required that a 20-percent penalty be paid on all late payments of non-award disability benefits. Greenberg v. Cardiology Surgical Ass’n, 855 So.2d 234 (Fla. 1st DCA 2003). Therefore, we reverse, and remand with directions that the judge of compensation claims compute the penalties to which claimant is entitled according to our decision in Greenberg.

REVERSED and REMANDED, with directions.

WEBSTER, BENTON and PADOVANO, JJ., concur.

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PER CURIAM.

In this workers’ compensation case, claimant seeks review of an order denying her claim made pursuant to section 440.20(6), Florida Statutes (2002), seeking additional penalties on late payments of permanent total disability benefits. The employer and carrier paid a 20-percent penalty on the first late payment and a $5.00 penalty on each subsequent late payment. The judge of compensation claims denied the claim on the ground that all appropriate penalties had been paid. After the judge of compensation claims had entered his order we held, in a case of first impression, that, in circumstances like those presented here, section 440.20(6) required that a 20-percent penalty be paid on all late payments of non-award disability benefits. Greenberg v. Cardiology Surgical Ass’n, 855 So.2d 234 (Fla. 1st DCA 2003). Therefore, we reverse, and remand with directions that the judge of compensation claims compute the penalties to which claimant is entitled according to our decision in Greenberg.

REVERSED and REMANDED, with directions.

WEBSTER, BENTON and PADOVANO, JJ., concur.

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868 So. 2d 605, 2004 Fla. App. LEXIS 2930, 2004 WL 438581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-gadsden-county-school-board-fladistctapp-2004.

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