BALBOA INSURANCE COMPANY, APPELLANT,

v.

JULIAN E. JOHNSON & SONS, INC., APPELLEE

Citator

Cited By

• Steinbrecher v. Better Constr. Co., 587 So. 2d 492 (Fla. 1st DCA 1991)
  …. 2d 948 (Fla. 1st DCA 1986). Telford v. Frank J. Rooney, Inc., 436 So. 2d 319 (Fla. 1st DCA 1983). In concluding that the penalty provision of section 440.20(8) is mandatory, we are not unmindful that in Crowell v. South Broward Hospital District, 378 So. 2d 801 (Fla. 1st DCA 1979), cert. denied, 392 So. 2d 1373 (Fla.1980), and Paver Development Corp. v. McDevitt, 419 So. 2d 1156 (Fla. 1st DCA 1982), the provision was treated as discretionary. However, the cited cases are factually distinguishable from the…
• Bell v. Univ. OF Fla. & Div. of Risk Mgmt., 652 So. 2d 460 (Fla. 1st DCA 1995)
  …r v. Better Construction Co., 587 So. 2d 492 (Fla. 1st DCA 1991); City of Miami v. Watkins, 579 So. 2d 759 (Fla. 1st DCA 1991) with Paver Development Corp. v. McDevitt, 419 So. 2d 1156 (Fla. 1st DCA 1982); Crowell v. South Broward Hospital District, 378 So. 2d 801 (Fla. 1st DCA 1979), cert, denied mem., 392 So. 2d 1373 (Fla.1980). However, that does not resolve the pivotal question whether the JCC was required to apply the law in effect at the time of the claimant’s injury or at the time the compensation beca…
• Paver Dev. Corp. & Aetna Ins. Co. v. McDEVITT, 419 So. 2d 1156 (Fla. 1st DCA 1982)
  …ight, the draft was not forwarded by mail until after the 30th day.” Finally, the E/C contend that because payment was not intentionally delayed, the deputy commissioner erred in assessing the penalty. In Crowell v. South Broward Hospital District, 378 So. 2d 801 (Fla. 1st DCA 1979), this Court upheld the denial of a penalty where the judge found no intent on the part of the employer to delay payment to the claimant. However, the E/C’s interpretation of Crowell is incorrect. That case does not hold that pena…

Authorities Cited

• Snead Constr. Corp. v. Langerman, 369 So. 2d 591 (Fla. 1st DCA 1978)