MERCY HOSPITAL AND UNDERWRITERS ADJUSTING CO., APPELLANTS,
v.
BONNIE DODSON, APPELLEE
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The court affirmed a worker's compensation order but reduced the interest rate on past due compensation from 8% to 6% because the rule supporting 8% interest had been repealed before the benefits accrued.
An employer/carrier is entitled to a 6% interest rate on past due worker's compensation benefits accruing after August 23, 1977, not 8%, because the rule supporting the higher rate was repealed before the benefits became due.
[1] When a rule supporting a higher interest rate on delinquent worker's compensation is repealed before benefits accrue or become due, the statutory interest rate applicable…
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Join FLexlaw to unlock all legal intelligenceAn employer/carrier appealed a worker's compensation order entered November 2, 1978, challenging the 8% interest rate awarded on past due compensation…
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WENTWORTH, Judge.
The employer/carrier appeals a worker’s compensation order entered November 2, 1978, which we affirm except as to the award of interest at 8% on past due compensation awarded for the period after August 23, 1977. Although W.C.R.P. Rule 21, on which appellant relies for a 6% rate, was repealed prior to the date on which the benefits in question accrued or became due, we conclude the facts and argument by the parties will permit no higher rate. § 55.-03(1), Florida Statutes; § 687.01, Florida Statutes; Miami-Dade Water & Sewer Authority v. Caravasios, 377 So. 2d 56 (Fla.lst DCA 1979); Parker v. Brinson Construction Co., 78 So. 2d 873 (Fla.1955).
As to interest, if any, on benefits accruing after July 1,1978, which is the effective date of § 440.20(9), Florida Statutes, appellee here (as in Miami-Dade Water & Sewer Authority v. Caravasios, supra) does not cite and we do not consider that provision. Our disposition of the issue in this case accordingly does not require agreement or disagreement with the ruling in F & A Concrete v. Perry, 379 So. 2d 1015 (Fla.lst DCA 1980), insofar as it implies a substantive character for changes in interest rate provisions on delinquent compensation, so as to apply to such provisions an amendatory act’s limitation of applicability to prior accidents.
The order appealed is hereby modified to provide an interest rate of 6% instead of 8% and is otherwise affirmed.
ROBERT P. SMITH, Jr., and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Parker v. Brinson Constr. Co. & Fla. Indus. Comm'n, 78 So. 2d 873 (Fla. 1955)
- Williams Bros. IGA Grocery v. Anthony R. Greene & the Great Atl. & Pac. Tea Co., 379 So. 2d 1015 (Fla. 1st DCA 1980)
- Progress Drilling, Inc. v. Fussell, 377 So. 2d 56 (Fla. 1st DCA 1979)