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Jackson Sons Const. Co. v. Dudley

District Court of Appeal of Florida, Fourth District
Sep 25, 1979
374 So. 2d 1074 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-2431.

August 15, 1979. Rehearing Denied September 25, 1979.

Appeal from the Circuit Court, Broward County, Otis Farrington, J.

Guy M. Junger, of Wicker, Smith, Blomqvist, Davant, McMath, Tutan O'Hara, Miami, for appellants.

James K. Parker, of Samuel M. Spatzer, P.A., Miami, for appellee.


This is an appeal from an order of the trial court enforcing the payment of workmen's compensation benefits to the appellee. We find no error by the trial court except in assessing a 20% penalty against the appellant under Section 440.20(6), Florida Statutes (1977), for failure to pay a past due medical bill. The penalty provisions of Section 440.20(6) are only applicable to the money allowance payable to an employee as a consequence of his injury and are not applicable to past due medical expenses. Brantley v. ADH Building Contractors, Inc., 215 So.2d 297 (Fla. 1968). Accordingly, the judgment of the trial court is affirmed in part and reversed in part and remanded with directions for further proceedings consistent with this opinion.

ANSTEAD, MOORE and BERANEK, JJ., concur.


Summaries of

Jackson Sons Const. Co. v. Dudley

District Court of Appeal of Florida, Fourth District
Sep 25, 1979
374 So. 2d 1074 (Fla. Dist. Ct. App. 1979)
Case details for

Jackson Sons Const. Co. v. Dudley

Case Details

Full title:W. JACKSON SONS CONSTRUCTION COMPANY AND OLD REPUBLIC INSURANCE COMPANY…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 25, 1979

Citations

374 So. 2d 1074 (Fla. Dist. Ct. App. 1979)

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