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Hattaways, Inc. v. Smith

District Court of Appeal of Florida, First District
Jun 2, 1982
414 So. 2d 643 (Fla. Dist. Ct. App. 1982)

Opinion

No. AG-258.

June 2, 1982.

Appeal from the Deputy Commissioner.

James M. Hess of Driscoll, Langston, Layton Kane, Orlando, for appellants.

Scott H. Michaud of Meyers, Mooney, Adler Hammond, Orlando, for appellee.


The employer/carrier raise four issues in their appeal from the workers' compensation order awarding wage loss benefits and penalties. We reverse.

The employer/carrier correctly assert the deputy erred in holding the hearing on this claim before the wage loss benefits were due. Section 440.20(4), Florida Statutes (1979), and Rule 38F-3.18(3)(a) of the Florida Department of Labor and Employment Security, Division of Workers' Compensation, give the employer/carrier 14 days from the date of receipt to accept the wage loss request and pay benefits. In this case, the hearing was held nine days after the carrier received the wage loss request. The deputy did not comply with the statute and the rule and, therefore, the employer/carrier were denied due process.

Appellee concedes error in the imposition of penalties.

Because this case must be remanded for a new hearing, we will not address the other two issues.

McCORD and SHIVERS, JJ., concur.


Summaries of

Hattaways, Inc. v. Smith

District Court of Appeal of Florida, First District
Jun 2, 1982
414 So. 2d 643 (Fla. Dist. Ct. App. 1982)
Case details for

Hattaways, Inc. v. Smith

Case Details

Full title:HATTAWAYS, INC. AND FLORIDA FARM BUREAU INSURANCE COMPANY, APPELLANTS, v…

Court:District Court of Appeal of Florida, First District

Date published: Jun 2, 1982

Citations

414 So. 2d 643 (Fla. Dist. Ct. App. 1982)

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