City of Miami v. Gilbert
City of Miami v. Gilbert
Opinion of the Court
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.
AFFIRMED.
. 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
Reference
- Full Case Name
- CITY OF MIAMI v. James P. GILBERT
- Cited By
- 1 case
- Status
- Published