CARMEN TORRES, APPELLANT,
v.
SMITHKLINE BEECHAM COMPANY AND KEMPER NATIONAL, APPELLEES
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Carmen Torres appealed a Judge of Compensation Claims decision denying her claim for permanent total disability benefits. The Florida appellate court affirmed the denial of permanent total disability but reversed in part, holding that the JCC erred by failing to award penalties and interest on wage loss benefits and by ordering vocational rehabilitation that Torres had abandoned.
The court affirmed the denial of permanent total disability benefits but reversed the JCC's failure to award penalties and interest on wage loss benefits and its award of vocational rehabilitation assistance. The employer must pay penalties and interest on wage loss benefits even if the claimant has not submitted wage loss forms, as the employer bears the risk of penalties if it has not performed its statutory obligations. The JCC erred in awarding vocational rehabilitation when the claimant had abandoned that claim and did not appeal its denial in the first appeal.
[1] An employer/carrier may be liable for penalties and interest on wage loss benefits even if the claimant has not yet submitted wage loss forms, if the employer/carrier fai…
[2] A claimant's failure to appeal a prior order that did not grant a request for vocational rehabilitation assistance constitutes an abandonment of that claim.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although the E/C may decline to pay wage loss benefits until completed forms are submitted, they do so at the risk of penalties and interest if they have not performed their statutory obligations with regard to wage loss benefits.”
Establishes that employers cannot escape penalties and interest by conditioning payment on form submission if they have failed to satisfy statutory obligations.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarmen Torres filed a workers' compensation claim against her employer SmihtKline Beecham Company and its insurer Kemper National. The claimant reques…
The full statement of facts, procedural history, and disposition for this case are member content.
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DAVIS, Judge.
The claimant, Carmen Torres, appeals an order of the Judge of Compensation Claims (JCC), which denied her claim for permanent total disability benefits, and awarded wage loss benefits and vocational rehabilitation assistance. Because the JCC erred in failing to award the claimant penalties and interest on the award of wage loss benefits, and in ordering the claimant to undergo vocational rehabilitation when the claim for vocational rehabilitation had been abandoned by the claimant, we reverse, in part. Finding no merit to the other issues raised on appeal by the claimant, we affirm the JCC’s denial of the claimant’s claim for permanent total disability benefits and the ordering of the claimant to file wage loss forms as a condition precedent to the E/C’s payment of wage loss benefits.
The E/C’s argument that they should not be required to pay penalties and interest on the award of wage loss benefits because the claimant has not yet submitted wage loss forms is without merit. The E/C concede that there was no evidence that the claimant was ever informed of her rights and obligations with regard to wage loss benefits. Although the E/C may decline to pay wage loss benefits until completed forms are submitted, they do so at the risk of penalties and interest if they have not performed their statutory obligations with regard to wage loss benefits. Leonard M. King Pest Control v. Dixon, 474 So. 2d 12, 13 (Fla. 1st DCA 1985). We therefore hold that the JCC erred in failing to award the claimant penalties and interest on the award of wage loss benefits.
We further agree with the claimant’s argument that the JCC erred in requiring the claimant to undergo vocational rehabilitation because the claimant’s claim for vocational rehabilitation assistance was abandoned. Although the claimant requested vocational rehabilitation services in her claim and in the pretrial stipulation, the JCC’s order, which was the subject of the first appeal, did not grant the request for vocational assistance, and the claimant did not appeal the failure of the JCC to grant this request. See Torres v. Smithkline Beecham Co., 659 So. 2d 327 (Fla. 1st DCA 1995). Although the claimant may benefit from the vocational rehabilitation assistance awarded by the JCC, because she abandoned this claim and no longer desires vocational rehabilitation assistance, we hold that the JCC erred in awarding this benefit.
Accordingly, we. reverse the JCC’s award of vocational rehabilitation and the failure to award penalties and interest on the award of wage loss benefits. The JCC’s order is in all other respects affirmed.
AFFIRMED in part and REVERSED in part.
ERVIN, J., and SMITH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Control v. Señor Lee Dixon, 474 So. 2d 12 (Fla. 1st DCA 1985)
- Mahoney v. Mixson, 659 So. 2d 327 (Fla. 1st DCA 1995)
- Torres v. Smithkline Beecham Co. & Kemper Nat'l, 659 So. 2d 327 (Fla. 1st DCA 1995)