Narrative Opinion Summary
An appeal was made regarding an award of compensation benefits, with the appellant raising three issues. One issue necessitated a reversal due to the judge of compensation claims' conclusion that penalties were due, citing a lack of evidence for a notice to controvert and the existence of conditions outside the employer/carrier’s control. However, the record indicated that the employer/carrier had indeed filed a timely notice to controvert. Consequently, the award of penalties was found unsupported by competent, substantial evidence and was reversed, while the order was affirmed in all other aspects. Judges BOOTH, WIGGINTON, and BARFIELD concurred with this decision.
Legal Issues Addressed
Filing of Notice to Controvertsubscribe to see similar legal issues
Application: The employer/carrier's timely filing of a notice to controvert was acknowledged, countering the judge's finding of a lack of evidence.
Reasoning: However, the record indicated that the employer/carrier had indeed filed a timely notice to controvert.
Judicial Concurrence in Compensation Casessubscribe to see similar legal issues
Application: The decision to reverse the award of penalties and affirm the order in all other aspects was unanimously agreed upon by all judges involved in the case.
Reasoning: Judges BOOTH, WIGGINTON, and BARFIELD concurred with this decision.
Reversal of Compensation Benefits Awardsubscribe to see similar legal issues
Application: The court reversed the award of penalties due to the lack of competent, substantial evidence supporting the judge of compensation claims' conclusion.
Reasoning: Consequently, the award of penalties was found unsupported by competent, substantial evidence and was reversed.