Glades General Hospital v. Sullenger

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…