CITY OF MIAMI BEACH AND JOHNS EASTERN COMPANY INC., APPELLANTS,
v.
ANTHONY MARTEN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The First District reversed a workers' compensation judge's award of penalties and interest for late impairment income benefits, holding that the statutory 20-day payment deadline runs from when the employer obtains knowledge of the permanent impairment rating, not from the date of maximum medical improvement.
Impairment income benefits are due within 20 days after the carrier obtains knowledge of the permanent impairment rating, not within 20 days of maximum medical improvement.
[1] Impairment income benefits under Florida Statutes section 440.15(3)(a)1 are due within 20 days after the carrier obtains knowledge of the permanent impairment rating, not…
Previewing 1 of 1 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“due and payable within 20 days after the carrier has knowledge of the [PIR]”
Statutory language defining when impairment income benefits must be paid under section 440.15(3)(a)1
An employer/servicing agent paid impairment income benefits to a claimant more than 20 days after the claimant's date of maximum medical improvement, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Permanent Impairment Rating (Pir) cases and more on FLexlaw
In this workers’ compensation case, the Employer/Servicing Agent (E/SA) challenges an award of penalties and interest for the alleged late payment of impairment income benefits (IIBs) paid to Claimant by the E/SA under section 440.15(3), Florida Statutes (Supp.1996). All IIBs are based on the permanent impairment rating (PIR) attributable to the workplace injury. § 440.15(3)(a), Fla. Stat. (Supp.1996). Section 440.15(3)(a)l. provides that once the claimant reaches the date of maximum medical improvement (MMI), IIBs are “due and payable within 20 days after the carrier has knowledge of the [PIR].” Here, the Judge of Compensation Claims (JCC) erroneously concluded that IIBs were paid late because payment was made more than twenty days from the date of maximum *964medical improvement (MMI) for the two PIRs based on Claimant’s workplace injuries. It is undisputed, however, that the E/SA paid IIBs within twenty days of obtaining knowledge of the PIRs assigned by Claimant’s independent medical examiner. Previously, authorized physicians indicated that Claimant did not have any PIR relative to the workplace injuries. Because the plain language of the statute makes payment due within twenty days of knowledge of any PIR, the E/SA’s payment of IIBs here was timely and no penalties, or interest for late payment are due. Accordingly, we REVERSE the order below.
PADOVANO, RAY, and MAKAR, JJ., concur.