W. JACKSON & SONS CONSTRUCTION COMPANY AND OLD REPUBLIC INSURANCE COMPANY, APPELLANTS,
v.
HOWARD DUDLEY, APPELLEE
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PER CURIAM.
This is an appeal from an order of the trial court enforcing the payment of workmen’s compensation benefits to the appel-lee. We find no error by the trial court except in assessing a 20% penalty against the appellant under Section 440.20(6), Florida Statutes (1977), for failure to pay a past due medical bill. The penalty provisions of Section 440.20(6) are only applicable to the money allowance payable to an employee as a consequence of his injury and are not applicable to past due medical expenses. Brantley v. ADH Building Contractors, Inc., 215 So. 2d 297 (Fla.1968). Accordingly, the judgment of the trial court is affirmed in part and reversed in part and remanded with directions for further proceedings consistent with this opinion.
ANSTEAD, MOORE and BERANEK, JJ., concur.
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Indrajit Smith v. Gen. Conf. OF Seventh DAY Adventists & Nat'l Union Fire Ins. Co. of Pittsburgh, 535 So. 2d 611 (Fla. 1st DCA 1988)…services are not “compensation” and therefore are not subject to penalties for late payment under Sections 440.20(8) and (9). Brantley v. A.D.H. Building Contractors, Inc., 215 So. 2d 297 (Fla.1968); W. Jackson & Sons Construction Company v. Dudley, 374 So. 2d 1074 (Fla. 4th DCA 1979). In Teitelbaum Construction, Inc. v. Morris, 489 So. 2d 1241 (Fla.1986), this court held the award of penalties on medical expenses was error “since penalties specifically have been held not to apply to late payment of sums which…
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Binimelis v. M.E.F. Int'l Corp., 424 So. 2d 941 (Fla. 1st DCA 1983)…adily apparent that the payment of nursing services is not a money allowance payable to an employee or to his dependents but is instead a payment usually made for the benefit of other individuals. See, W. Jackson and Sons Construction Co. v. Dudley, 374 So. 2d 1074 (Fla. 4th DCA 1979); Brantley v. A.D.H. Building Contractors, 215 So. 2d 297 (Fla.1968). Unlike the payment of nursing services, the 20% payment under Section 440.20(8) is primarily designed to compensate a claimant for the injuries he may have suf…
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Whiskey Creek Country Club & Claims Ctr. v. Rizer, 599 So. 2d 734 (Fla. 1st DCA 1992)…st Fund, 526 So. 2d 1039 (Fla. 1st DCA 1988); Smith v. General Conference of Seventh Day Adventists, 535 So. 2d 611 (Fla. 1st DCA 1988); Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982); W. Jackson & Sons Constr. Co. v. Dudley, 374 So. 2d 1074 (Fla. 4th DCA 1979). We therefore strike that portion of the order assessing penalties and interest for late payment of the funeral expenses because it is erroneous. AFFIRMED in part and REVERSED in part. WIGGINTON and KAHN, JJ., concur. . "Compe…
Authorities Cited
- Brantley v. A D H Bldg. Contractors, Inc., 215 So. 2d 297 (Fla. 1968)