Thompson v. Department of Health & Rehabilitative Services
Thompson v. Department of Health & Rehabilitative Services
Opinion of the Court
This is an appeal of a final order dismissing a petition for a rule nisi to enforce an order of a judge of worker’s compensation claims. We reverse.
Appellant Ann Thompson (“Thompson”) was the claimant in a worker’s compensation proceeding against the Department of Health and Rehabilitative Services (“DHRS”). By order dated January 14th, 1992, she was awarded attorney’s fees and costs based on the successful prosecution of her claim for compensation. The order was silent on the issue of interest. Thompson received payment of the costs on February 10, 1992. On February 13, 1992, she received payment of all attorney’s fees.
Thompson filed a petition for rule nisi
The issue on appeal is whether a claimant in a worker’s compensation proceeding is entitled to interest on an award of attorney’s fees and costs from the date of entry of the award until the date of payment, even though the award is silent on this issue. Thompson contends that such an award bears interest by operation of law from the date of entry through the date the award is paid.
It is well settled that interest on an award of attorney’s fees in a worker’s compensation proceeding runs from the time of entry of the award. Stone v. Jeffres, 208 So.2d 827, 830 (Fla. 1968).
DHRS relies principally on Mirlisena v. Chemlawn Corp., 597 So.2d 877 (Fla. 1st DCA 1992), in which the claimant had moved the judge of compensation claims for interest on an award of attorney’s fees after the judge’s award had become final.
As to the merits of appellant’s argument, we are in agreement with him. Interest on an award of attorney’s fees is payable as of the date an award is made. See, Stone v. Jeffres, 208 So.2d 827 (Fla. 1968). Thus, but for the JCC’s lack of jurisdiction, the motion for interest on the attorney’s fee award should have been granted.
The court went on to say, however:
Our decision in this case does not leave either party at a disadvantage. Upon request, attorney’s fees orders can be structured so as to provide a due date allowing sufficient time for processing and mailing checks. On the other hand, when a payment is not timely made, the payee may seek an interest award by motion filed within 30 days after mailing of the order.
597 So.2d at 879. It is this language that DHRS relies on for its argument that no interest is payable unless the compensation judge expressly authorizes interest, and the claimant only has thirty days to get the proper order entered or interest cannot be recovered at all.
We cannot entirely explain the quoted language in Mirlisena since the award carries interest by operation of law from the entry of the judgment
Nor can we agree with DHRS that an award of interest is not recoverable in a rule nisi proceeding pursuant to section 440.24. Given that the award carries interest by operation of law, requiring DHRS to pay interest is merely the equivalent of enforcing the order according to its terms. In fact, the use of rule nisi proceedings to recover such interest was implicitly approved in Mander v. Concreform Co., 212 So.2d 631 (Fla. 1968). The lower court’s dismissal of the application for rule nisi is reversed and remanded for an award of interest.
REVERSED and REMANDED.
. § 440.24, Fla.Stat. (1991).
. The parties agree that the award was entered on January 14, 1992.
. Section 440.25(4)(a), Florida Statutes, provided:
[The order of a judge of compensation claims] shall become final 30 days after mailing of copies of such an order to the parties, unless appealed pursuant to such rules.
. Stone, 208 So.2d at 829-30.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.