Rucker v. JUST BRAKES

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) denying penalties and interest on the awarded temporary partial disability benefits. We reverse, finding the JCC erred in considering a defense not raised by the Employer/Carrier and failing to award penalties and interest after determining Claimant was entitled to temporary partial disability benefits.

Claimant filed a petition for benefits on July 15, 2010, claiming entitlement to temporary partial disability benefits from April 28, 2010, and continuing. The E/C denied entitlement on…