NIMMONS, Judge.
In this workers' compensation appeal, the Judge of Compensation Claims (JCC) initially found that the employer/carrier did not file a notice to controvert as required by Section 440.20, Florida Statutes (1989), and that the claimant was entitled to a penalty assessment. Subsequent to that order, the JCC issued a clarifying order in which he found that the notice to controvert was timely filed. Pursuant to agreement of the parties, the record on appeal...
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