Woolworth's Restaurant v. Cubillos

In this workers’ compensation case, the employer/carrier (e/c) challenge an order of the Judge of Compensation Claims (JCC) finding claimant’s injuries compensable and awarding benefits and penalties. Competent substantial evidence supports com-pensability, and we affirm the JCC’s finding without further elaboration. However, the award of penalties 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,…