GLADES GENERAL HOSPITAL AND FLORIDA HOSPITAL WORKERS' COMPENSATION SELF-INSURANCE FUND, APPELLANTS,
v.
RAE SULLENGER, APPELLEE
GLADES GENERAL HOSPITAL AND FLORIDA HOSPITAL WORKERS' COMPENSATION SELF-INSURANCE FUND, APPELLANTS,
RAE SULLENGER, APPELLEE
584 So. 2d 109
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This cause is before us on appeal from an award of compensation benefits. Appellant raises three issues for our consideration, one of which requires reversal;
The order of the judge of compensation claims states in pertinent part:
Penalties are ... due as there is no evidence that a notice to controvert was filed nor that any conditions beyond the employer/carrier’s control existed.
The record reflects that the employer/carrier filed a timely notice to controvert. Therefore, the award of penalties is not supported by competent, substantial evidence.
Accordingly, the award of penalties is reversed, and the order is affirmed in all other respects.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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Woolworth's Rest. v. Cubillos, 608 So. 2d 895 (Fla. 1st DCA 1992)…must be reversed and remanded for further consideration in light of the following. Penalties should not be imposed where the e/c timely file a notice to controvert. § 440.20(6) and (7), Fla.Stat. (Supp. 1990); Glades General Hospital v. Sullenger, 584 So. 2d 109 (Fla. 1st DCA 1991). Although the record in the instant case does not contain a notice to controvert, a portion of the JCC’s order states that “[t]his claim was totally controverted.” Because no explanation is offered, we must reverse the award of p…