FRED TEITELBAUM CONSTRUCTION, INC. AND U.S. FIDELITY & GUARANTY COMPANY, APPELLANTS,
v.
SID MORRIS, APPELLEE
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Florida appellate court reversed a penalty assessment for nonpayment of a medical bill because penalties do not apply to late payment of sums not awarded directly to a claimant, but affirmed the remainder of the workers' compensation order.
A deputy commissioner lacks jurisdiction to assess penalties for nonpayment of medical bills that were awarded in a prior order, as penalties apply only to late payment of sums awarded directly to the claimant.
[1] Penalties for nonpayment in workers' compensation cases do not apply to late payment of medical bills or other sums not awarded directly to the claimant.
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Join FLexlaw to unlock all legal intelligence“penalties specifically have been held not to apply to late payment of sums which are not awarded directly to a claimant”
Court explaining why the penalty assessment was erroneous under Cox Oil & Sales, Inc. v. Boettcher
An employer/carrier appealed a deputy commissioner's order directing payment of certain benefits to an employee and assessing penalties for nonpayment…
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WIGGINTON, Judge.
Appellants, employer/carrier, appeal the deputy commissioner’s order directing employer/carrier to pay certain benefits to appellee and awarding penalties on the nonpayment of benefits awarded in a previous order. Having carefully examined the two orders entered on appellee’s behalf, and having thoroughly reviewed the record on appeal and considered the arguments made herein, we find that only one portion of the deputy commissioner’s order constitutes error of sufficient significance to merit discussion.
In paragraph b of the decretal portion of his order, the deputy commissioner directed employer/carrier to pay the outstanding medical bill of Dr. Howard May, as awarded in the previous order. The deputy commissioner further assessed a penalty against employer/carrier for nonpayment of that bill. The deputy had no jurisdiction to enforce a portion of the former order. Section 440.24(1), Florida Statutes. Even 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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Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co., 590 So. 2d 518 (Fla. 3d DCA 1991)…value of the services the employer/carrier was obligated to provide. Reversed and remanded with instructions. . Deputy commissioners do not have enforcement authority to enforce workers compensation orders. Fred Teitelbaum Const., Inc. v. Morris, 489 So. 2d 1241 (Fla. 1st DCA 1986). The enforcement provisions governing workers compensation orders are contained in Section 440.24, Florida Statutes (1989). Section 440.24 provides that the circuit courts have the power to enforce the compensation orders of the…
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Buena Vista Constr. Co. & Aetna Life & Cas. Co. v. Capps, 656 So. 2d 1378 (Fla. 1st DCA 1995)…ion order, since the sole remedy for enforcement is by the procedure outlined in section 440.24(1), Florida Statutes, which provides for petition for rule nisi and a show cause order issued by a circuit court. Fred Teitelbaum Const., Inc. v. Morris, 489 So. 2d 1241 (Fla. 1st DCA 1986); Alvarez v. Kendall Associates, 590 So. 2d 518, 519 (Fla. 3d DCA 1991). The JCC does have jurisdiction and authority to award attorney’s fees for services of a claimant’s attorney in an enforcement proceeding. Steele v. A.D.H. Bl…
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Frank v. Crawford & Co., 670 So. 2d 117 (Fla. 4th DCA 1996)…. The circuit court agreed with Crawford and dismissed the complaint with prejudice, precipitating this appeal. Under the workers’ compensation statute, the JCC has no jurisdiction to enforce its own orders. Fred Teitelbaum Constr., Inc. v. Morris, 489 So. 2d 1241 (Fla. 1st DCA 1986). Instead, its orders .are enforced by the circuit courts. Section 440.24(1), Florida Statutes (1993), provides that the circuit courts shah have jurisdiction to issue a rule nisi when the employer or carrier defaults in paying co…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eichholz v. Bell, 410 So. 2d 211 (Fla. 1st DCA 1982)
- COX OIL & Sales, Inc. v. Boettcher, 410 So. 2d 211 (Fla. 1st DCA 1982)