BFI WASTE SERVICES, LLC v. Pullum
BFI WASTE SERVICES, LLC v. Pullum
Opinion
BFI Waste Services, LLC ("the employer"), appeals from a judgment of the Jefferson Circuit Court modifying a previous judgment that awarded workers' compensation benefits to Michael Pullum ("the employee"). We reverse and remand.
"IT IS HEREBY ORDERED:
"1. [The employer] is given thirty (30) days from July 10, 2007 to pay directly to [the employee] or his attorney all arrearage in periodic payments which existed on July 10, 2007. Additionally, [the employer] shall also pay directly to [the employee] or to his attorney a 15% penalty on said arrearage and said penalty payment shall also be made within thirty (30) days of July 10, 2007.
"2. If [the employer] fails to make periodic payments in the future on the dates said payments are due, [the employer] shall be penalized $1,000 per day that each periodic payment is late, and said payment shall be paid directly to [the employee] or his attorney."
On July 25, 2007, the employer filed its notice of appeal from the July 10, 2007, judgment.
"Except as provided in this chapter, no employee of any employer subject to this chapter,3 nor the personal representative, surviving spouse, or next of kin of the employee shall have a right to any other method, form, or amount of compensation or damages for an injury or death occasioned by an accident or occupational disease proximately resulting from and while engaged in the actual performance of the duties of his or her employment and from a cause originating in such employment or determination thereof."
In addition, Ala. Code 1975, §
"The rights and remedies granted in this chapter to an employee shall exclude all other rights and remedies of the employee, his or her personal representative, parent, dependent, or next of *Page 252 kin, at common law, by statute, or otherwise on account of injury, loss of services, or death."
Based on these "exclusivity provisions," generally speaking, the rights and remedies available to the affected parties must be found within the four corners of the Workers' Compensation Act, §
Section
"If the award, order, or settlement agreement is payable in installments and default has been made in the payment of an installment, the owner or interested party may, upon the expiration of 30 days from the default and upon five days' notice to the defaulting employer or defendant, move for a modification of the award or settlement agreement by ascertaining the present value of the case, including the 15 percent penalty provision of Section
25-5-59 , [Ala. Code 1975,] under the rule of computation contained in Section25-5-85 , [Ala. Code 1975,] and upon which execution may issue. The defaulting employer may relieve itself of the execution by entering into a good and sufficient bond, to be approved by the judge, securing the payment of all future installments, and forthwith paying all past due installments with interest and penalty thereon since due. The bond shall be recorded upon the minutes of the court."
Those Code sections set forth the only remedies that are available under the Workers' Compensation Act to an employee whose workers' compensation payments have been delayed. The legislature obviously concluded that these penalties alone would be sufficient to enforce an employer's obligation to timely pay compensation. The language employed does not imply in any way that these penalties are intended to be merely advisory or cumulative of other civil remedies that a trial court may impose. Because the legislature has thoroughly addressed the appropriate remedy for late payments or nonpayment, the courts have no authority to fashion substitute or additional remedies.See generally Ex parte Krages,
In the present case, the trial court's judgment imposes a $1,000 per day penalty against the employer for future late payments of workers' compensation benefits. Such a penalty is not authorized in the Workers' Compensation Act. Accordingly, we conclude that the trial court's imposition of the $1,000 per day penalty was in error.
The employer next argues that the trial court had no basis to modify the original judgment, imposing a 15% penalty on the allegedly unpaid installments, because, it says, (a) the employer had until May 11, 2007, to satisfy the judgment pursuant to Rules 58(c) and 62, Ala. R. Civ. P., and (b) the modification was not supported by substantial evidence. We find the employer's second argument dispositive as to this issue.
A judgment awarding the 15% penalty must be supported by a finding of fact that the employer has failed to timely pay compensation without good cause. See Ex parte Crean,
Based on the foregoing, we reverse the July 10, 2007, judgment and remand this cause to the trial court with instructions that it vacate its July 10, 2007, judgment.
REVERSED AND REMANDED WITH INSTRUCTIONS.
THOMPSON, P.J., and PITTMAN, BRYAN, and THOMAS, JJ., concur.
Copeland v. Jefferson County,"To be justiciable, the controversy must be one that is appropriate for judicial determination. It must be a controversy which is definite and concrete, touching the legal relations of the parties in adverse legal interest, and it must be a real and substantial controversy admitting of specific relief through a decree."
Reference
- Full Case Name
- Bfi Waste Services, LLC v. Michael Pullum.
- Cited By
- 1 case
- Status
- Published