CITY OF MIAMI, APPELLANT,
v.
JAMES P. GILBERT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The City of Miami appeals an order awarding workers' compensation benefits, interest, and a ten percent penalty to James Gilbert. The court affirms the award but certifies questions to the Florida Supreme Court regarding whether penalties and interest are legally required in cases involving retroactive pension payments under workers' compensation law.
The court affirms the order awarding benefits, interest, and penalty, but certifies questions to the Florida Supreme Court regarding the legality of requiring penalty payments and whether retroactive pension payments constitute 'compensation' for purposes of imposing penalties and interest.
[1] A prior judicial decision may be applied retroactively to cases pending at the time of the decision.
[2] A penalty may be awarded for the non-payment of workers' compensation benefits.
Previewing 2 of 5 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“the issues raised by the City have been decided adversely to the City in prior decisions of this court”
Explains why the court affirms despite the City's arguments
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAn employee's work-related accident occurred on May 13, 1976. The judge of compensation claims awarded benefits, interest, and a ten percent penalty t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Retroactivity Of Judicial Decisions cases and more on FLexlaw
PER CURIAM.
The City of Miami appeals an order of the judge of compensation claims awarding the payment of benefits, interest and a ten percent penalty. See Barragan v. City of Miami, 545 So. 2d 252 (Fla.1989). The City complains that the Barragan decision should not have retroactive application; that the award of a penalty is error; and that the award of interest (and the penalty) is not due because the payment awarded constitutes a retroactive pension payment rather than “compensation” within the meaning of section 440.20, Florida Statutes.1 After a thorough review of the briefs, we are of the view that the issues raised by the City have been decided adversely to the City in prior decisions of this court.
However, as we did in City of Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992), we certify the question regarding the legality of requiring a penalty payment in these circumstances. Similarly, as we did in City of Miami v. McLean, 606 So. 2d 953 (Fla. 1st DCA 1992), we certify the question whether the payment of benefits in this case constituted “compensation” for purposes of the penalty provision of section 440.20, Florida Statutes; and though not considered in McLean, whether the payment of benefits constituted “compensation” for purposes of the award of interest.
AFFIRMED.
ERVIN, SMITH and ALLEN, JJ., concur. . Because claimant's accident occurred on May 13, 1976, penalties are awardable under section 440.20(5), Florida Statutes (1975). Before 1978, statutory interest was due on unpaid workers' compensation pursuant to section 687.01, Florida Statutes, which at the time was six percent per annum. Parker v. Brinson Construction Co., 78 So. 2d 873 (Fla.1955). In 1978, Laws of Florida, Chapter 78-300, the legislature added a subsection to section 440.20 providing for statutory interest at the rate of twelve percent for payments due after July 1, 1978. Myers v. Carr Construction Co., 387 So. 2d 417 (Fla. 1st DCA 1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Miami v. Gilbert, 644 So. 2d 504 (Fla. 1994)…SHAW, Justice. We have for review City of Miami v. Gilbert, 630 So. 2d 1241 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Gilbert and remand for proceedings consistent with our decision in City of Miami v. Bell, 634 So. 2d 163 (Fla.1994). As noted in Bell, the penalty provisions of secti…
Authorities Cited
- Parker v. Brinson Constr. Co. & Fla. Indus. Comm'n, 78 So. 2d 873 (Fla. 1955)
- Barragan v. City OF Miami, 545 So. 2d 252 (Fla. 1989)
- Myers v. Carr Constr. Co. & Mich. Mut. Ins. Co., 387 So. 2d 417 (Fla. 1st DCA 1980)
- City OF Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992)
- City OF Miami v. McLEAN, 605 So. 2d 953 (Fla. 1st DCA 1992)