HATTAWAYS, INC. AND FLORIDA FARM BUREAU INSURANCE COMPANY, APPELLANTS,
v.
BETTY SMITH, APPELLEE

Fla. 1st DCA | 1982-06-02
No. AG-258
McCORD and SHIVERS, JJ., concur.
414 So. 2d 643 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 2 cases


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

The employer/carrier raise four issues in their appeal from the workers’ compensation order awarding wage loss benefits and penalties. We reverse.

The employer/carrier correctly assert the deputy erred in holding the hearing on this claim before the wage loss benefits were due. Section 440.20(4), Florida Statutes (1979), and Rule 38F-3.18(3)(a) of the Florida Department of Labor and Employment Security, Division of Workers’ Compensation, give the employer/carrier 14 days from the date of receipt to accept the wage loss request and pay benefits. In this case, the hearing was held nine days after the carrier received the wage loss request. The deputy did not comply with the statute and the rule and, therefore, the employer/carrier were denied due process.

Appellee concedes error in the imposition of penalties. Because this case must be remanded for a new hearing, we will not address the other two issues.

McCORD and SHIVERS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Veterans Septic Tank Serv. v. Wallace, 445 So. 2d 389 (Fla. 1st DCA 1984)
    …y law wage loss benefits are a monthly benefit, section 440.-20(4), Florida Statutes (1980); with the employer/carrier having fourteen days from the date of receipt of the wage loss request to accept or reject the same. See Hattaways, Inc. v. Smith, 414 So. 2d 643 (Fla. 1st DCA 1982). Upon remand, the deputy is therefore directed to strike the word “continuing” from the order on review, and substitute in lieu thereof, the language “so long as such benefits are proper” or “so long as claimant is entitled to su…

Full citator, related cases, and AI research tools

Open in FLexlaw