Division of Administrative Hearings, Florida
Filed: Dec. 30, 2015
The issues are whether, under section 440.107, Florida Statutes, Petitioner may calculate a penalty assessment for a failure to secure the payment of workers' compensation for one day as though the failure persisted over two years and whether Petitioner may calculate a penalty assessment based on double the statewide average weekly wage (AWW) when the lone uncovered employee earned $10 per hour.For calculation of penalty assessment, DFS proved that one employee earning $10/hr was uncovered for one day for penalty of $1000 statutory minimum. DFS's interpretation of rule extending period of noncompliance 2 yrs rendered rule invalid in this case.
