Luks Santaniello's Florida Workers Compensation blog

This January 13, 2012 1DCA decision overturned Judge Murphy's JCC Decision The 1DCA ruled that section 440.20(7) controls the payment of penalties and requires that a 20% penalty be paid if the compensation is not paid within seven days after the order is signed as opposed to after order becomes final. Click here to see the !DCA opinion

An April 12, 2012 1DCA decision reversing Judge Murphy. The 1DCA reversed the JCC's decision finding that the JCC erred: 1 In making a finding on the Claimant’s PIR; 2 That the Claimant had reached maximum medical improvement; and 3 In denying the Claimant’s claim for temporary indemnity benefits. PIR The issue of the Claimant’s PIR was not properly before the JCC. The PIR claim had not been mediated, listed in the Uniform Pretrial Stipulation, or addressed by either party, and was not ripe for adjudication. The 1DCA found that the JCC erred in making a finding on Claimant’s PIR because that issue was beyond the scope of the hearing. Ruling on an issue that is not properly before the JCC is a violation of a party’s due process rights. MMI and TEMPORARY BENEFITS Claimant also argues the JCC erred in finding that Claimant had reached maximum medical improvement (MMI) and further erred in relying upon that erroneous determination to deny the Claimant’s claims f...