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EASTERN INDUSTRIES, INC. v. BURNHAM

No. 1D97-4866.

750 So.2d 748 (2000)

EASTERN INDUSTRIES, INC., Appellants, v. Kathryn BURNHAM, Appellee.

District Court of Appeal of Florida, First District.

February 4, 2000.

Attorney(s) appearing for the Case

Susan Sapoznikoff Foltz and Kimberly A. Johnson of Granger, Santry, Mitchell & Health, P.A., Tallahassee, for Appellants.

John P. Moneyham, Panama City and Bill McCabe, Longwood, for Appellee.

VAN NORTWICK, J.

In this workers' compensation appeal, Eastern Industries, Inc. and Humana/PCA, jointly the employer/carrier, challenge an order which awarded permanent and total disability (PTD) benefits to Kathryn Burnham, appellee and claimant below, and which assessed a penalty against the carrier for failure to timely pay benefits. We affirm the PTD award but reverse the assessment of a penalty.

There is no dispute that Burnham sustained a compensable...

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