COX OIL & SALES, INC. AND CONTINENTAL INSURANCE CO., APPELLANTS,
v.
JOHN R. BOETTCHER, DECEASED, AND MRS. DOROTHY BOETTCHER, APPELLEES
PER CURIAM.
We find no substantial error in the deputy’s order except in the assessment of section 440.20(8) penalties on the late payment of sums awarded to claimant’s wife for nursing services. That is not “compensation” within the meaning and application of the statute assessing penalties for the late payment of compensation. Accord, Jessup v. Don’s Gulf Service, IRC Order 2-1472 (1965), cert. den., 180 So. 2d 463 (Fla.1965). The question was not raised and addressed in Jones v. Cling Electric, Inc., 397 So. 2d 767 (Fla. 1st DCA 1981), which therefore is not contrary to our decision today. On remand the $15 arithmetic error may be corrected.
AFFIRMED IN PART, REVERSED IN PART.
ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and WIGGINTON, JJ., concur.
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Williams v. Amax Chem. Corp. & Underwriters Adjusting Co., 543 So. 2d 277 (Fla. 1st DCA 1989)…rected to nor does our research reveal any authority for placement of interest on this type of award. Section 440.20, Florida Statutes, which provides for interest and penalties is limited to “compensation”. In Cox Oil and Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982), we held that an award to the claimant’s wife for past nursing services did not constitute “compensation” upon which penalties could be imposed. Although the instant case involves interest rather than penalties we believe such to…
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Fred Teitelbaum Constr., Inc. v. Sid Morris, 489 So. 2d 1241 (Fla. 1st DCA 1986)…en appellee concedes that to award a penalty on nonpayment of Dr. May’s bill was error since penalties specifically have been held not to apply to late payment of sums which are not awarded directly to a claimant. Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982). Therefore, we strike paragraph b of the decretal portion of the order on appeal. The remainder of the order is affirmed. SMITH and JOANOS, 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)…eld the award of penalties on medical expenses was error “since penalties specifically have been held not to apply to late payment of sums which are not awarded directly to a claimant.” Id. 489 So. 2d 1242, citing Cox Oil & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982). Under Teitelbaum, supra, it can be argued that reimbursement for medical payments is in the nature of compensation, in that it is paid to claimant. Obviously, the same public policy considerations for the imposition of penalti…
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- Jones v. Cling Elec., Inc., 397 So. 2d 767 (Fla. 1st DCA 1981)
- Don's Gulf Serv. Station & Gen. Accident Fire & Life Assurance Corp., Ltd. v. John Morris Jessup & the Fla. Indus. Comm'n, 180 So. 2d 463 (Fla. 1965)
- Barney McCoy Woodcock v. Warren's Garment & Indus. Serv., Inc., 180 So. 2d 463 (Fla. 1965)