BRUNO'S, INC./FOOD WORLD AND ITT-SPECIALTY RISK SERVICES, INC., APPELLANTS,
v.
BEN BRUNER, APPELLEE
BRUNO'S, INC./FOOD WORLD AND ITT-SPECIALTY RISK SERVICES, INC., APPELLANTS,
BEN BRUNER, APPELLEE
805 So. 2d 1090
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find no error in the award of temporary partial disability benefits and therefore reject the argument made in the main appeal. However, we conclude that the claimant has shown reversible error as to the issue presented in the cross appeal. The claimant is entitled to an award of penalties, because the evidence supporting the claim of temporary partial disability benefits was available to the employer and carrier at the time they declined payment. See Eastern Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000).
Affirmed in part and reversed in part.
PADOVANO, BROWNING and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shaw v. Fla. Steel Corp. & Specialty Risk Servs., Inc., 846 So. 2d 1254 (Fla. 1st DCA 2003)…re unaware, as of the date on which claimant alleged the benefits were due, of facts supporting the obligation to pay those benefits. See, e.g., Eastern Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000); Bruno’s, Inc./Food World v. Bruner, 805 So. 2d 1090 (Fla. 1st DCA 2002). AFFIRMED IN PART and REVERSED IN PART. WEBSTER, PADOVANO and POLSTON, JJ., concur.…
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Dollar Gen. & Dollar Gen. Corp. v. McCOY, 927 So. 2d 169 (Fla. 1st DCA 2006)…t it was unaware, as of the date on which claimant alleged the benefits were due, of facts supporting the obligation to pay those benefits. See, e.g., Shaw v. Fla. Steel Corp., 846 So. 2d 1254 (Fla. 1st DCA 2003); Bruno’s, Inc./Food World v. Bruner, 805 So. 2d 1090 (Fla. 1st DCA 2002); Eastern Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000). For the same reasons, the judge also erred in denying interest on the past due benefits, which ordinarily is awarded pursuant to section 440.20(8), in addition…
Authorities Cited
- E. Indus., Inc. v. Burnham, 750 So. 2d 748 (Fla. 1st DCA 2000)