Opinion

Anderson v. Gadsden County School Board

  • 868 So. 2d 605
  • 2004 Fla. App. LEXIS 2930
  • 2004 WL 438581
Court
District Court of Appeal of Florida
Filed
Mar 11, 2004
Status
Published
On the bench
Benton, Padovano, Webster
Cited by
0 cases
Authority
More cited than 0.9%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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