Florida District Courts of Appeal, 1983

C.L. Whiteside Construction Co. v. Johnson

C.L. Whiteside Construction Co. v. Johnson
Florida District Courts of Appeal · Decided October 19, 1983 · Booth, Smith, Wigginton
438 So. 2d 1081; 1983 Fla. App. LEXIS 22706 (Southern Reporter, Second Series)

C.L. Whiteside Construction Co. v. Johnson

Opinion of the Court

WIGGINTON, Judge.

The employer/carrier appeal the order of the deputy commissioner awarding claimant wage loss benefits for the months of May, June, July and August, 1982, and assessing penalties against the employer/carrier for those same months. The order also directed the employer/carrier to reinstitute rehabilitation efforts, both as to job placement and *1082reeducation of claimant. That portion of the order has not been challenged.

We affirm the award of wage loss benefits and the assessment of penalties for June, July and August. However, the record indicates that the employer/carrier timely controverted the claim for wage loss for May. Therefore, we reverse the assessment of penalties for the late payment of May wage loss benefits, and the deputy commissioner’s order is amended to that extent.

ROBERT P. SMITH, Jr. and BOOTH, JJ., concur.

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