FL Case Law Summaries – 4/20/16
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JCC ORDERS
Erlan Charles v. R.E. Rich Family Holding Corp./Travelers Insurance
JCC Kerr; Miami District; Order Date: April 18, 2016
OJCC Case: 15-021046MGK; D/A: 5/13/2015
Claimant’s Counsel: Clifford Moskowitz
Employer/Carrier’s Counsel: Patricia Perez
Briefly: PENALTIES AND INTEREST – JCC Kerr found there was no basis to award penalties or interest on the penalties and interest already paid as the Employer/Carrier paid the penalties and interest administratively as soon as it determined they were due.
Summary: The claimant argued he is entitled to accrued interest on a payment of penalties and interest previously paid by the Employer/Carrier. The JCC noted that interest is automatically due on any late payment of workers’ compensation pursuant to F.S. §440.20(8)(a). However, the JCC found there was no basis to award penalties or interest on the penalties and interest already paid because the Employer/Carrier did not unsuccessfully controvert the claim for the penalties and interest. Rather, the Employer/Carrier paid the penalties and interest administratively as soon as it determined they were due, without any intervention by the Court.