Narrative Opinion Summary
The court found merit in the appellants' challenge regarding the denial of a penalty under Section 440.20(8) of the Florida Statutes (1985). The employer/carrier failed to pay owed sums within 30 days following a court mandate from July 29, 1988, which awarded death benefits. As a result, the appellants are entitled to a 20 percent penalty on the amount of $16,532.42, paid on September 28, 1988. The court also ruled that the appellants are entitled to interest on the unpaid penalty from August 29, 1988, until it is paid, as stipulated in Section 440.20(9) of the Florida Statutes (1985). Other issues raised by the appellants were affirmed without further discussion. The decision was affirmed in part, reversed in part, and remanded for further proceedings, with Judges Nimmons and Zehmer concurring.
Legal Issues Addressed
Affirmation and Reversal of Judicial Decisionssubscribe to see similar legal issues
Application: The court affirmed some issues raised by the appellants without further discussion while reversing and remanding others for additional proceedings.
Reasoning: Other issues raised by the appellants were affirmed without further discussion. The decision was affirmed in part, reversed in part, and remanded for further proceedings, with Judges Nimmons and Zehmer concurring.
Calculation of Penalty Amount under Florida Statutessubscribe to see similar legal issues
Application: The appellants were awarded a 20 percent penalty on the delayed payment amount of $16,532.42 due to the late payment by the employer/carrier.
Reasoning: As a result, the appellants are entitled to a 20 percent penalty on the amount of $16,532.42, paid on September 28, 1988.
Interest on Unpaid Penalty under Florida Statutes Section 440.20(9)subscribe to see similar legal issues
Application: The appellants are entitled to interest on the unpaid penalty from the date it was due until it is paid, as specified by the statute.
Reasoning: The court also ruled that the appellants are entitled to interest on the unpaid penalty from August 29, 1988, until it is paid, as stipulated in Section 440.20(9) of the Florida Statutes (1985).
Penalty for Late Payment under Florida Statutes Section 440.20(8)subscribe to see similar legal issues
Application: The court determined that the appellants were entitled to a penalty due to the employer/carrier's failure to pay the required sums within the statutory 30-day period following a court mandate.
Reasoning: The court found merit in the appellants' challenge regarding the denial of a penalty under Section 440.20(8) of the Florida Statutes (1985). The employer/carrier failed to pay owed sums within 30 days following a court mandate from July 29, 1988, which awarded death benefits.