Fla. 1st Awards Penalties on Late Denial

The First District Court of Appeals for Florida ruled that failure to file a denial within 14 days of receipt of petition for benefits warrants an award for penalties. In Office Depot vs. Ortega (1D04-5625, 06/27/2006), the employer did not file its notice of denial within 14 days after its receipt of the petition for benefits, as required by section 440.192(8). The judge of compensation claims {JCC) did not award penalties. The First District reversed:" As to his denial of the claim for penalties, it clearly appears from the record that the employer did not file its notice of denial wit...