Ocala Geriatric Center v. Davis

The court today affirms a decision arrived at by application — in a factually flawed fashion — of a recently repudiated rule. In requiring payment of $19,700 as a penalty for failure to transmit a settlement check promptly, the judge of compensation claims reasoned:

The time limit for mailing payment in this case without incurring a penalty is seven days after the Order [approving joint petition for lump sum settlement] is mailed, pursuant to Bell v. University of Florida, 652 So.2d 460 (Fla. 1st DCA 1995). Based on the testimony of Ms. Hamer, I find that the check was not mailed within the…