E & A CONCRETE AND PENINSULAR FIRE INSURANCE COMPANY, APPELLANTS,
v.
WILLIAM PERRY, APPELLEE
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In this workers' compensation case, the court affirmed the finding that Perry was permanently and totally disabled as of September 15, 1975, but reversed the award of twelve percent interest on back payments, holding that the twelve percent statutory interest rate applies only to injuries occurring on or after July 1, 1978, and the pre-1978 six percent statutory rate applies here.
The court held that the twelve percent interest rate provided in § 440.20(7), amended by Chapter 78-300, applies only to claims arising from injuries occurring on or after July 1, 1978. For injuries occurring before that date, the six percent interest rate under § 687.01 applies to past due compensation installments.
[1] Substantial, competent evidence consistent with reason and logic supports a finding of permanent and total disability in a workers' compensation case.
[2] The twelve percent statutory interest provision for late workers' compensation payments applies only to claims arising out of injuries occurring on or after July 1, 1978.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we hold that § 25 of Chapter 78-300 prohibits the application of the twelve percent interest rate to claims arising out of injuries occurring before July 1, 1978.”
The court's holding on the retroactivity of the new twelve percent interest rate, establishing that it applies only prospectively to injuries after July 1, 1978.
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Join FLexlaw to unlock all legal intelligencePerry was injured in a workers' compensation claim prior to July 1, 1978. He was found permanently and totally disabled as of September 15, 1975. The …
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PER CURIAM.
In this workers’ compensation case, we hold there is substantial, competent evidence consistent with reason and logic to find Perry permanently and totally disabled as of September 15, 1975, but we reverse the portion of the order awarding twelve percent interest on all back due payments.
At issue here is the determination of the applicable interest rate incident to compensation installments which have been declared past due both before and after the effective date of the twelve percent statutory interest provision.
The new provision first appears in Chapter 78-300, Laws of Florida, which amends § 440.20(7) to provide:
In addition to any other penalties provided by this chapter for late payment, if any installment of compensation is not paid when it becomes due, the employer or carrier shall pay interest thereon at the rate of 12 percent per annum from the date the installment becomes due until it is paid, whether such installment is payable without-an order or under the terms of an order. Section 25 of Chapter 78-300 provides:
This act shall take effect July 1, 1978 and shall apply to all claims arising out of injuries which occur on or after such date.
Prior to the enactment of these provisions, the employer was compelled to pay the lawful interest on a worker’s compensation award from the date each installment was due and should have been paid. Parker v. Brinson Construction Co., 78 So. 2d 873 (Fla.1955). For example, the legal interest rate in Parker was, and is now, six percent. § 687.01, Florida Statutes (1979).
We read § 440.20(7) to provide for a specific interest rate in worker’s compensation cases which supersedes the general provisions of § 687.01. Although a different rule may apply in other cases involving numerous debts maturing before and after a change in the lawful interest rate, e. g., Board of Public Instruction for County of Sumter v. Wright, 76 So. 2d 863 (Fla.1955), we hold that § 25 of Chapter 78-300 prohibits the application of the twelve percent interest rate to claims arising out of injuries occurring before July 1, 1978. Thus, the interest rate provided for in § 687.01 is applicable here.
Affirmed in part, reversed in part and remanded for further proceedings not inconsistent with this opinion.
MILLS, C. J., and McCORD, J., concur. BOOTH, J., dissents with opinion.
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla.1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
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Davis v. Sheridan Healthcare, Inc. (Fla. 2d DCA 2019)…sement, a fact she does not dispute—are precluded by section 440.13(11).8 Section 440.13(11) clearly supersedes the FCCPA for claims related to reimbursement, precluding Ms. Davis's claims. Cf. Stevens, 127 So. 3d at 670; E & A Concrete v. Perry, 379 So. 2d 1015, 1016 (Fla. 1st DCA 1980). The majority's conclusion otherwise frustrates the stated intent of the WCL, creating a burden on society through unnecessary litigation. See Sam Rogers Enters. v. Williams, 401 So. 2d 1388, 1390-91 (Fla. 1st DCA 1981).…
Authorities Cited
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)
- Parker v. Brinson Constr. Co. & Fla. Indus. Comm'n, 78 So. 2d 873 (Fla. 1955)
- Atl. Coast Line R.R. Co. v. Sayre, 76 So. 2d 863 (Fla. 1955)
- The Bd. OF Pub. Instruction FOR the Cnty. OF Sumter v. Wright, 76 So. 2d 863 (Fla. 1955)