CopyCited 18 times | Published | Florida 4th District Court of Appeal | 17 Fla. L. Weekly Fed. D 981
...On October 19, 1989, the deputy commissioner entered an order that awarded workers' compensation benefits to Gibbons. The record does not show whether appellants were sent a copy of the compensation order. Appellants never appealed that order. On June 7, 1990, Gibbons, pursuant to section 440.24(1) of the Florida Statutes (1989), filed an amended petition for rule nisi in circuit court to enforce the compensation order....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1988 WL 6593
...and, in addition, to "reinstate the leave and sick time which it [had] used as a substitute for workers' compensation benefits from the date of February 8, 1985." The e/c paid the TTD benefits, but did not reinstate Kriegel's leave time. Pursuant to Section 440.24(1), Florida Statutes, [1] Kriegel then filed a petition for rule nisi to enforce the compensation order, alleging that the e/c had failed to reinstate leave and sick time, as required by the order, which had never been appealed and therefore became final 30 days after its entry....
...has no jurisdiction except to determine whether the compensation order remains unsatisfied, and, if so, to enforce its provisions. Initially, we agree with the claimant that generally a circuit court has no authority in a rule nisi proceeding under section 440.24(1) to consider the merits of the underlying compensation order, or to do anything other than require its enforcement when it remains in full force and effect and unsatisfied....
...We therefore hold that the dc, and thus the circuit court reviewing the compensation award, possessed subject matter jurisdiction to order the reinstatement of the claimant's leave time. Finding no error in the order of the circuit court, we affirm. AFFIRMED. DAUKSCH, ORFINGER and COBB, JJ., concur. NOTES [1] Section 440.24(1), Florida Statutes, provides: In the case of default by the employer or carrier in the payment of compensation due under any compensation order of a deputy commissioner or other failure by the employer or carrier to comply with such...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2260
...We note, however, that where there is no obvious statutory authority for the deputy's exercise of jurisdiction over a proposed party, the basis for the deputy's jurisdiction should be discussed in the order. The deputy had no statutory authority to decide the chapter 631 dispute over FIGA's liability to Travelers. Section 440.24 expressly places jurisdiction over this type of dispute in the circuit courts: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a deputy commissioner or other failure by t...
...dispute between FIGA, the substituted carrier for Kent, and an insurer seeking reimbursement as authorized by a valid order of the deputy commissioner for medical benefits paid pursuant to an agreement with claimant. Thus it is expressly governed by section 440.24....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1829
...employer's insurance company took over accident investigations. No further evidence was received on the issues of modification or entitlement to resumption of PTD. Sometime in early 1986, Knight sought a rule nisi from the circuit court pursuant to Section 440.24(1), Florida Statutes (1985), seeking to require the City to resume PTD benefits until the ruling on the petition for modification....
...e 1986. The motion for rehearing was denied as to the additional benefit award without elaboration. The City alleges first that the deputy erred in failing to make the modification effective as of the date the City terminated benefits, 1 March 1985. Section 440.24(1), Florida Statutes (1985) provides that In case of default by the employer or carrier in the payment of compensation due under any compensation order of a deputy commissioner, any circuit court of this state within the jurisdiction o...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Petersburg, for appellant. Masterson & Lloyd, St. Petersburg, for appellee. *553 BARKDULL, THOMAS H., Jr., Associate Judge. By this appeal, a compensation carrier seeks review of an order entered by a chancellor, pursuant to proceedings instituted under § 440.24, Fla....
...No review of this order was prosecuted by the carrier, pursuant to the provision of §
440.25, Fla. Stat., F.S.A. Instead, it complied with the order until May, 1962, when it terminated the payments. Thereafter, the appellee filed a petition pursuant to the provisions of §
440.24, Fla....
...We agree with the appellee and hold that until such time as the order of September 26, 1961 is changed, altered or modified by the Deputy Commissioner or Industrial Commission, same remains in full force and effect. Thus, it is necessary that we determine the authority vested in the chancellor under the provision of § 440.24, Fla....
...Neither side has furnished us with cases within this State directly bearing on this point, and our independent research has disclosed none. However, it appears that the chancellor, pursuant to the jurisdiction and authority vested in him [pursuant to the provisions of § 440.24, Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1991 WL 259245
...NOTES [1] Deputy commissioners do not have enforcement authority to enforce workers compensation orders. Fred Teitelbaum Const., Inc. v. Morris,
489 So.2d 1241 (Fla. 1st DCA 1986). The enforcement provisions governing workers compensation orders are contained in Section
440.24, Florida Statutes (1989). Section
440.24 provides that the circuit courts have the power to enforce the compensation orders of the deputy commissioners and states specifically:
440.24 Enforcement of compensation orders; penalties....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...With the exception of the interest allowance, we affirm. FIGA's initial contention is that the petition for a rule nisi could not properly have been maintained against it, since it was not a named party in the workmen's compensation proceedings. We disagree. The rule nisi action authorized by Section 440.24(1), Florida Statutes (1977) was specifically designed to secure the enforcement of duly entered compensation orders against employers and carriers such as Consolidated....
CopyCited 7 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1493
...of $1,500. No appeal from this award was taken by the employer to the Florida Industrial Commission. On October 9, 1953, the employee Matz filed in the Circuit Court of Dade County, pursuant to section 7, Chapter 28241, Laws of Florida 1953, F.S.A. § 440.24, a motion which averred that the award of the deputy commissioner had become final on September 15, 1953, that no payments had been made thereon by the employer, and that the employer was in default by reason thereof....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...Bercuson, Cahan, Weksler & Lasky and Bernard B. Weksler, Alfred Aronovitz, Miami, for appellees. Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ. SCHWARTZ, Chief Judge. The trial judge denied the claimant-appellant's rule nisi application under Section 440.24(1), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...Bieley, Miami, for appellant. Alan H. Rothstein, City Atty., and John S. Lloyd, Asst. City Atty., for appellee. Before BARKDULL, HENDRY and SWANN, JJ. PER CURIAM. Ervin Dexter Lillard filed his petition for Rule Nisi against the City of Miami, Florida, pursuant to Fla. Stat. § 440.24(1), F.S.A., in the Circuit Court of Dade County, Florida....
CopyCited 6 times | Published | Supreme Court of Florida
...Franklin Garner, Lakeland, for respondents. ERVIN, Justice. By petition for writ of certiorari we are requested by Petitioner-claimant to review an order of the Florida Industrial Commission denying claim for attorney's fees. Claimant pursuant to F.S. Sec. 440.24(1) F.S.A., sought a rule nisi in the Circuit Court to enforce an order of the Florida Industrial Commission after the employer-servicing agent terminated payment of the compensation ordered by the Commission....
...ant to said Section
440.34(1), for the reasonable value of his attorney's services in the successful prosecution of his claims in the Circuit Court and the District Court of Appeal, Third District. Section
440.34(1) should be read in connection with Section
440.24(1), which latter section authorizes enforcement of compensation orders by rule nisi proceedings in the circuit court directing the defaulting employer or carrier to show cause why a writ of execution or other process should not be issued....
...tion order". Furthermore, Section
440.34(1) provides that if any employer or carrier is unsuccessful in resisting payment of compensation an attorney's fee should be awarded claimant. Thus Section
440.34(1) in its broad terms read in connection with Section
440.24(1) authorizes a circuit judge to award an attorney's fee to claimant when a rule nisiorder is made absolute to enforce payment of compensation....
CopyCited 4 times | Published | Supreme Court of Florida | 1995 WL 656744
...as an "abandonment" under this rule. Subdivision (d) clarifies the time within which payments are to be made following either an abandonment or unsuccessful disposition of appeal. As in all other cases, enforcement in case of default is governed by section 440.24, Florida Statutes....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 410689
...section
440.28. No such petition was pending before the JCC, and no order of modification was entered. The JCC had no jurisdiction even to "enforce" the prior compensation order, since the sole remedy for enforcement is by the procedure outlined in section
440.24(1), Florida Statutes, which provides for petition for rule nisi and a show cause order issued by a circuit court....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 WL 358477
...iled to deny the claim within 120 days." (emphasis added). In the order on review, the judge acknowledged that no facts were in dispute, and the only "dispute in this case centers around whether the 120-day `pay-and-investigate' rule as set forth in § 440.24(4), Florida Statutes, bars the Employer/Carrier from controverting entitlement to TPD." Finally, in her brief, Bussey does not suggest the argument made by the dissenting opinion....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 80603
...e appellant pending a resolution by the judge of compensation claims of whether the expenses were causally related to appellant's compensation injury. The role of the circuit court, when considering a petition for issuance of a rule nisi pursuant to section 440.24(1), Florida Statutes (1989), is limited to a twofold inquiry: (1) whether there is a final order in full force and effect, and (2) whether there has been a default of that order....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 771
...Muslin, Tampa, for appellant. Mark M. Schabacker of Hill, Hill & Dickenson, and A. Dallas Albritton of Albritton & Associates, P.A., Tampa, for appellee. PER CURIAM. Appellant William Covert appeals the final judgment denying with prejudice his petition for rule nisi under section 440.24(1), Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1390
...nding medical bill of Dr. Howard May, as awarded in the previous order. The deputy commissioner further assessed a penalty against employer/carrier for nonpayment of that bill. The deputy had no jurisdiction to enforce a portion of the former order. Section 440.24(1), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...McDonald of Sanders, McEwan, Mims & McDonald, Orlando, for appellant. Charles R. Forman and M. Thomas Bond, Jr., of Musleh, Leak, Bond & Arnett, Ocala, for appellee. BOOTH, Judge. This cause is before us on appeal from the order of the Circuit Court, Marion County, entered pursuant to Florida Statute § 440.24, and directing that appellant, Belford Trucking Company, pay the costs and attorneys fees on behalf of the workmen's compensation claimant, [1] appellee herein....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1988 WL 8101
...While said order was in effect, appellee, the employer's compensation carrier, unilaterally decided that appellant had reached maximum medical improvement and terminated the temporary total disability payments. Thereupon, appellant unsuccessfully sought a rule nisi in the circuit court pursuant to section 440.24(1), Florida Statutes (1983)....
...If there is disagreement over when that time arrives, it seems logical that the deputy commissioner would be the proper forum to make that determination. Absent a modification of the order, the proper forum for enforcement appears to be the circuit court. Section 440.24(1), Florida Statutes, provides: (1) In case of default by the employer or carrier in the payment of compensation due under any compensation order of a deputy commissioner or other failure by the employer or carrier to comply with such...
...oner or Industrial Commission and until such time as an order is modified in appropriate proceedings by the Deputy *756 Commissioner or Industrial Commission, the order remains in full force and effect and can be enforced by a chancellor pursuant to § 440.24, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12852, 2003 WL 22023305
...costs due and owing regarding the above-captioned case from the date of accident April 25, 1997 through entry of this order. When the attorney's fee remained unpaid, Gruber filed a rule nisi petition against Caremark in the circuit court pursuant to section 440.24(1), Florida Statutes (2002), seeking enforcement of the order awarding attorney's fees, alleging that Caremark had failed to pay the attorney's fees as ordered by the JCC....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...April 3, 1984. Robert H. Gregory, Miami, for appellants. George F. Taylor, Jr., Miami, for appellee. Before BARKDULL and DANIEL S. PEARSON and JORGENSON, JJ. PER CURIAM. We affirm the order granting the claimant-appellee's rule nisi application under Section 440.24(1), Florida Statutes *47 (1981), for enforcement of a workers' compensation order regularly entered by the Deputy Commissioner....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 4342, 1997 WL 185897
...Merritt his benefits but unilaterally withheld a sum it claimed constituted a setoff for the sum he had already received in social security benefits. In an effort to challenge the propriety of the setoff, Mr. Merritt filed a petition for rule nisi in the circuit court pursuant to section 440.24, Florida Statutes (1995), claiming that Promo Graphics had *634 "failed to pay all the benefits due under the order." Section 440.24 provides, in part: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims any circuit court of this state shall have jurisdiction to issue a rule...
...Merritt was paid benefits but a sum claimed to constitute a setoff for amounts he had received in social security benefits was withheld. In an effort to challenge the propriety of the amount of the setoff, Mr. Merritt filed a petition for Rule nisi pursuant to section 440.24, Florida Statutes (1995), claiming that Promo Graphics had "failed to pay all the benefits due under the order." Section 440.24 provides, in part, that: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims ..., any circuit court of this state ......
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1994 WL 123480
...any beneficiary under such order, have jurisdiction to issue a rule nisi" and after appropriate proceedings, "to issue a writ of execution or such other process or final order as may be necessary to enforce the terms of such order of the judge of compensation claims." § 440.24(1), Fla....
...in which the parties agree to "attempt to resolve" all pending issues, and (2) retains jurisdiction in the case in the event the parties are unable to resolve their differences. It is therefore clear that the circuit court had no jurisdiction under Section 440.24(1), Florida Statutes (1993), to enforce the May 23 1993 order of the judge of compensation claims....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 11338, 1995 WL 621346
...e attending health care provider if an independent medical examination determines that the employee is not making appropriate progress in recuperation. The enforcement of a workers' compensation order is within the jurisdiction of the circuit court. § 440.24(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 177725
...er agrees to make the necessary alterations to the present home or a new home to accommodate a wheelchair victim." On February 29, 1988, a deputy commissioner entered an order approving the joint stipulation of the claimant and the employer/carrier. Section 440.24(1), Florida Statutes (1987), provides that in case of the failure of a carrier to comply with an order of a judge of compensation claims within ten days after the order becomes final, any circuit court of this state within the jurisdic...
...s shown, the court shall have jurisdiction to issue a writ of execution or such other process or final order as may be necessary to enforce the terms of such order of the judge of compensation claims. The claimant in this case filed a petition under section 440.24(1) for the issuance of a rule nisi, alleging that the appellee (the carrier) had failed to comply with paragraph 8 of the joint stipulation which was approved by the deputy commissioner. The trial judge denied the petition and directed the claimant to return the matter to the judge of compensation claims for clarification. The trial judge found that paragraph 8 of the stipulation "is unclear." Under section 440.24(1) the only issue to be determined by a circuit court upon application for rule nisi is whether the carrier has failed to comply with an order of a judge of compensation claims within ten days after the order becomes final....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 4410, 2011 WL 1167205
...urred $10,622.87 in defending against claimant’s petition for benefits. The judge of compensation claims concluded that the employer and carrier were entitled to recover $8,992.93, rejecting claimant’s arguments that sections *1091
440.19(6) and
440.24(4), Florida Statutes (2004), controlled....
...Here, however, the employer and carrier were not seeking to recover costs incurred in defense of an action brought (as an alternative to the workers’ compensation claim) either at law or in admiralty. Accordingly, section
440.19(6) does not apply- B. Claimant also argues that section
440.24(4) supports his assertion that costs may not be awarded against a claimant in a case where compensability is denied. Section
440.24(4), which bears the title “Enforcement of Compensation Orders; Penalties,” states .that, “[i]n any case wherein the employee fails to comply with any order of a judge of compensation claims within 10 days after such order becomes final, the judge of compensation claims may dismiss the claim or suspend payments due under said claim until the employee complies with such order.” In looking to section
440.24(4), claimant misapprehends the issue here, which concerns a claimant’s responsibility for, and the employer’s and carrier’s entitlement to, an award of costs pursuant to section
440.34(3). In contrast, section
440.24(4) addresses enforcement and sanctions, and, contrary to claimant’s argument, there are *1092 other mechanisms available to the employer and carrier for the enforcement of an order awarding costs. See Lakeland Reg’l Med. Ctr. v. Weech,
54 So.3d 1005 (Fla. 1st DCA 2010) (noting that the employer and carrier may seek enforcement of a cost award in circuit court). Section
440.24(4) simply has no bearing on this case....
...of the same act”), and furthers a reasonable public policy to reimburse the costs of litigation, regardless of who the prevailing party might be. IV. Based on the foregoing, we reject claimant’s first point on appeal, that sections
440.19(6) and
440.24(4), Florida Statutes (2004), prevail over section
440.34(3), Florida Statutes (2004), the statutory basis for the award of costs to a prevailing party in workers’ compensation matters. Neither section
440.19(6) nor section
440.24(4) restricts an employer’s or carrier’s entitlement to prevailing party costs when it successfully defends against compensability of a claim....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 2822, 2004 WL 444546
...Suggesting that De La Pena have the examination performed by another doctor, the circuit court denied her petition for rule nisi. Albeit for a different reason, we affirm the denial. The circuit court has jurisdiction to enforce a final compensation order of a judge of compensation claims. § 440.24(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 9209, 2010 WL 2539433
...The JCC entered an order taxing costs in the amount of $2,594.97 against Appellee and in favor of Appellants in the workers' compensation proceeding. When Appellee failed to pay the ordered costs, Appellants filed a petition in the circuit court for rule nisi under section 440.24, Florida Statutes (2008)....
...Appellants requested that the trial court issue a rule nisi to Appellee to show cause why a writ of execution should not be issued against him. Appellants attached the JCC's order awarding costs to the petition. Appellee challenged the trial court's jurisdiction to issue a rule nisi against him under section 440.24(1). The trial court agreed with Appellee. It denied Appellants' rule nisi petition stating that it lacked jurisdiction to issue a rule nisi on behalf of an employer/carrier under section 440.24(1). The court specifically declined to rule on Appellants' procedural and substantive due process arguments. Section 440.24(1) establishes an expedited procedure to enforce a compensation award....
...to enforce the terms of such order" should not issue. Appellants concede that this statute is unambiguous and, by its express terms, affords no remedy to an employer. Appellants contend that this was simply the product of legislative oversight. They explain that, when section
440.24(1) was first enacted, only employees could recover costs, so it was not necessary that the enforcement remedy be reciprocal. It was not until section
440.34(3) was amended in *425 2003 that "any prevailing party" in a workers' compensation claim became entitled to recover reasonable costs. Ch. 2003-412, § 26, Laws of Fla. The Legislature did not amend section
440.24 in 2003 to provide for enforcement of the employers' newly established right. Nor has it done so since that time. Appellants contend that we can cure this ostensible oversight by application of statutory construction principles. Specifically, they urge that we should infer a reciprocal remedy by reading section
440.24(1) in pari materia with section
440.34(3)....
...eciprocal. Again, we cannot "construe" this statute in a manner that contravenes its plain dictate, even to accomplish this objective. Nor do we conclude that our construction leaves Appellants without any remedy to enforce their substantive rights. Section 440.24(1) establishes an expedited enforcement remedy in the circuit court....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 17044, 2004 WL 2534304
...3d DCA 2004), an order from a judge of compensation claims granting an IME is not a final compensation order that must be enforced by a circuit court: The circuit court has jurisdiction to enforce a final compensation order of a judge of compensation claims. § 440.24(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6524
...other such process to enforce the terms of the order shall not be issued”. In addition, the complaint asked for costs and “reasonable attorneys’ fees”. The complaint seeking the issuance of a rule nisi was filed pursuant to the provisions of Section 440.24 relating to the procedure to be utilized in the enforcement of compensation orders....
...The affidavit reflects that it was executed on January 17, 1970, and filed with the clerk on September 24, 1970. The trial court entered a final judgment on September 24, 1970, finding that the court had jurisdiction over the parties and subject matter “under Section 440.24, Florida Statutes [F.S.A.]” and declaring that the plaintiffs were entitled to recover the $8,779.43 assessment together with attorneys’ fees in the amount of $3,073.00....
...Sections 440.-24(1) and
440.34(1); and (2) whether the payment of such assessment and attorneys’ fees may be imposed upon a defendant who is not a party to the proceedings giving rise to the assessment. As to the first point, a review of Sections
440.24(1) and
440.34(1) reflects that the provisions thereof are concerned with the enforcement of “any compensation order”, “payment of compensation”, or “award for compensation”. Compensation is defined in Section
440.02(11) as “money allowance payable to an employee or to his dependents as provided for in this chapter”. The introductory language to Section
440.24(1) provides that “in case of default by the employer or carrier in the payment of compensation due under any compensation order of a deputy commissioner or order of the full commission or other failure by the employer or carrier to c...
...order of the full commission” inescapably relates to and is modified by “any compensation order” (see State ex rel. Wedgworth Farms, Inc. v. Thompson, Fla.1958,
101 So.2d 381 ). Therefore the enforcement of compensation orders, as set forth in Section
440.24(1) refers to the enforcement of “any compensation order * * * of the full commission”. The order in the case sub judice, upon which the final judgment was predicated, is not the type and character of an order capable of being enforced under the provisions of Section
440.24 and to that extent the contention of the defendant is correct....
...We therefore conclude that delinquent assessments may be enforced retroactively against members of self-insurers funds either by the Florida Department of Commerce or by the Trustees of such fund; that such assessments are not “payments of compensation” within the meaning of Section
440.24 or Section
440.34 so as to authorize an award of attorneys’ fees; that questions of fact remain unresolved so as to preclude entry of a judgment at this stage of the proceedings against the defendant, Colonial Restaurant Corporation....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1419379
...ereof, enter an order in compliance with section
440.25(4)(e), Florida Statutes, [4] and rule 4.115(a). [5] No hearing on the motion shall be required. Abbreviated final orders under section
440.25(4)(d), Florida Statutes, shall be enforceable under section
440.24, Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 2011, 1996 WL 93684
...itating this appeal. Under the workers' compensation statute, the JCC has no jurisdiction to enforce its own orders. Fred Teitelbaum Constr., Inc. v. Morris,
489 So.2d 1241 (Fla. 1st DCA 1986). Instead, its orders are enforced by the circuit courts. Section
440.24(1), Florida Statutes (1993), provides that the circuit courts shall have jurisdiction to issue a rule nisi when the employer or carrier defaults in paying compensation under "any compensation order of a judge of compensation claims." T...
CopyCited 1 times | Published | Supreme Court of Florida
...n been appealed to the Commission. In April, 1972, while the second modification order was still pending before the Industrial Relations Commission, Moore filed in the Circuit Court for Dade County an application for rule nisi pursuant to Fla. Stat. § 440.24(1), F.S.A., which provides, in pertinent part: "In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of industrial claims or order of the commission or other failure by the...
...The application sought the 14 weeks of compensation still remaining unpaid under the original order, and did not refer to either of the modification orders of the Judge. Upon the incomplete allegations of Moore's application, rule nisi was properly granted. For the purposes of Fla. Stat. § 440.24(1), F.S.A., an order of the Judge of Industrial Claims or of the Commission is final when the time for taking an appeal or, for an order of the Commission, when the time for seeking a writ of certiorari with this Court has passed with neither party seeking review....
...To allow the filing of a petition for modification to toll the finality of an order would be to allow an employer to postpone the payment of compensation by the mere filing of a spurious petition. This result would nullify the effect of Fla. Stat. § 440.24(1), F.S.A....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 3589050
...Myrick, Pensacola, for Appellant. Douglas F. Miller of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellee. PER CURIAM. Appellant Herbert Mabire brings this appeal from the circuit court's dismissal of his petition for rule nisi, pursuant to section 440.24(1), Florida Statutes, to enforce a compensation order entered by the Judge of Compensation Claims (JCC) in 1999....
...The circuit court heard arguments on the motion and subsequently, on April 28, 2006, issued an order dismissing appellant's petition for lack of jurisdiction. Appellant appeals from the order of dismissal. The provision of the Worker's Compensation Law which governs enforcement of a JCC's final compensation order, section 440.24(1), provides in part the following: *42 In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carrier to comp...
...this state within the jurisdiction of which the employer or carrier resides or transacts business shall . . . have jurisdiction to issue a rule nisi directing such employer or carrier to show cause why a writ of execution . . . shall not be issued. § 440.24(1), Fla....
...Dade County v. Rolle,
661 So.2d 124, 127 (Fla. 1st DCA 1995) ("It is settled that a judge of compensation claims has no jurisdiction even to enforce the prior compensation order since the sole remedy for enforcement is by the procedure outlined in subsection
440.24(1), Florida Statutes ....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11418, 2010 WL 3063133
...Hastings, PLLC, Maitland and *783 Paul Kelley of Bichler & Kelley, P.A., Maitland, for Appellant. Allison H. Hauser and Meagan L. Logan, of Marks Gray, P.A., Jacksonville, for Appellees. WETHERELL, J. Appellant seeks review of the trial court's order granting Appellees' rule nisi petition filed pursuant to section 440.24(1), Florida Statutes....
...Appellant concedes that the amount is due and owing and that the cost order is not subject to collateral attack. After Appellant failed to comply with the order, Appellees sought to enforce the order by filing a petition for rule nisi in the circuit court pursuant to section 440.24(1). In response to the petition, Appellant argued that the circuit court lacked jurisdiction to grant the rule nisi petition because section 440.24(1) only grants the court jurisdiction to enforce JCC orders in the event of default on the part of the employer/carrier (E/C)....
...In New, the court held that the trial court lacked jurisdiction to consider the E/C's petition for rule nisi to enforce an award of costs entered in their favor by the JCC. Id. at 423. In reaching this decision, the court rejected the same arguments made by Appellees in this case. The E/C in New argued that, although section
440.24(1) specifically provides that an employee may seek a rule nisi against an employer who defaults on a compensation award, it was a legislative oversight that led to the exclusion of the availability of the rule nisi procedure to employers when an employee defaults on an award. Id. at 423. The E/C urged the court to correct the oversight and apply the rules of statutory construction to infer a reciprocal remedy by reading section
440.24(1) in pari materia with section
440.34(3), Florida Statutes, which allows for "the prevailing party" in workers' compensation cases to recover reasonable costs....
...ility of the rule nisi procedure only to an employee in the case of an E/C default and noted that, if this was not the intent of the Legislature, the situation presents a glitch for the Legislature to cure. Id. The E/C in New further argued that the section 440.24(1) is unconstitutional as applied because it does not afford a remedy to enforce their substantive right to the awarded costs. [1] Id. The court rejected this argument, explaining that section 440.24(1) does not purport to establish the sole remedy for enforcement of such orders *784 and that an E/C may seek enforcement of the award as any other debt may be enforced in the appropriate court. Id. at 423-25. We agree with the analysis in New. Although we do not condone Appellant's failure to comply with the cost order, it is not our place to rewrite section 440.24(1) to include a procedure for E/Cs to enforce JCC orders in circuit court....
...remanded with directions that the trial court dismiss the petition. [2] REVERSED and REMANDED with directions. BENTON, and VAN NORTWICK, JJ., concur. NOTES [1] Appellees did not make this constitutional argument in this case, but they did argue that section 440.24(1) should be construed to provide a reciprocal enforcement remedy for both employees and E/Cs....
CopyPublished | Florida 1st District Court of Appeal
...rd”; (2) two
years after Henson, the supreme court held that it does not have
jurisdiction over the rules of workers’ compensation procedure. See
In re Amend. to Rules of WC Proc.,
891 So. 2d. at 477–78; and (3)
the 2003 amendment deleted from section
440.24(4)(d), the
instruction that “expert medical advisors” shall be considered like
other medical experts, erasing the explicit conflict with the
treatment of EMA opinions under
440.13(9)(c), requiring that the
opinion is presumed correct unless there is clear and convincing
evidence to the contrary.
In the 2020 version of section
440.24(4)(d) the Legislature’s
deliberate use of language that the report or testimony of an EMA
15
“shall be admitted into evidence in a proceeding” is not directory.
“Based on its plain and ordina...
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...ions Commission, in the event of default or failure to comply with such order, are enforceable by the appropriate circuit court having jurisdiction by a writ of execution or such other process of the court as may be necessary to enforce such orders. Section 440.24 , F....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5959
issuance by the circuit court of a rule nisi (under §
440.24 Fla. Stat., F.S.A.), directed against the defendants
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673
...reof, enter an order in compliance with section
440.25(4)(e), Florida Statutes, and rule 4.115(a). No hearing on the motion shall be required. Abbreviated final orders under section
440.25(4)(d), Florida Statutes, shall be enforceable under séction
440.24, Florida Statutes....
...However, the judge of compensation claims need not inquire beyond the stipulation or agreement and may enter an order approving the mediation agreement. (c) Enforcement of Agreement. In the event of any breach or failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10440, 1992 WL 267003
...ion for enforcement of a worker’s compensation order. We hold the trial court had the authority to issue a writ, because the worker’s compensation order is not presently in the process of being modified and is therefore in full force and effect. Section 440.24(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
...him to jail for a period of 60 days “or until the sum of $817.05 is paid to the plaintiff.” It appears that the sum of $817.05 is based upon an award in a workmen’s compensation case. This action was commenced by appellee-plaintiff pursuant to § 440.24, F.S.A., to enforce payment of compensation due him by virtue of that award....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 11151, 1992 WL 308634
...(Emphasis added.) On February 15, 1991, Townsend requested authorization from the E/C to purchase certain items, and thereafter filed various claims for benefits with the JCC, however, these claims were denied and/or never acted on. On March 7, 1991, claimant filed a Petition for Rule Nisi with the circuit court pursuant to Section 440.24(1), Florida Statutes (1987), to enforce the January 9, 1990 order....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 17888, 2012 WL 4872577
...,067.67 in costs. Claimant did not appeal the order to pay costs. Thereafter, on July 29, 2011, the E/C filed a motion to dismiss Claimant’s pending petitions due to Claimant’s failure to comply with the June 22, 2011, order, citing as authority section 440.24(4), Florida Statutes (2004)....
...In a September 9, 2011, order, the order under review at this time, the JCC found that Claimant was indigent and granted the motion to dismiss until Claimant was able to pay the outstanding costs order, and dismissed the pending petitions, without prejudice, pursuant to section 440.24(4). ANALYSIS Section 440.24(4) provides in relevant part: “In any case wherein the employee fails to comply with any order of a [JCC] within 10 days after such order becomes final, the [JCC] may dismiss the claim or suspend payments due under said claim until t...
...s absent a specific finding that a party or its attorney has willfully refused to comply with an order. See Jones v. Royalty Foods, Inc.,
82 So.3d 1162, 1164 (Fla. 1st DCA 2012) (reversing dismissal without prejudice, holding “a JCC who implements section
440.24(4), [sic] must *725 specifically find that the offending party’s ‘conduct was willful, deliberate, or contumacious’”); Martinez v....
...hat Claimant willfully, deliberately, or contumaciously refused to comply with the order requiring him to pay the E/C’s costs. In the absence of such a finding, the JCC abused his discretion in dismissing Claimant’s petitions on the authority of section 440.24(4)....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551
...However,- the judge of compensation claims need not inquire beyond the stipulation or agreement and may enter an order approving the mediation agreement. (c) Enforcement of Agreement. In the event of any breach or failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2484, 1985 Fla. App. LEXIS 16639
SCHWARTZ, Chief Judge. In a “rule nisi” proceeding under section 440.24(1), Florida Statutes (1983), the court below enforced an award of $1500 in appellate attorney’s fees contained in a workers’ compensation order and granted additional fees for the maintenance of the enforcement action itself....
...E.g., Plantation Construction Co. v. Ayers,
385 So.2d 1138, 1140 (Fla. 1st DCA 1980). Since this question remains to be resolved by the First District, however, we consider that the entire order, specifically including the fee portion, is not yet “final” under section
440.24(1), see Grant-Sholk Construction Co....
...Basic Asphalt & Construction Co.,
369 So.2d 356 (Fla. 4th DCA 1979)(same), and that the instant action therefore cannot now be maintained. For this reason, the orders under review are reversed and the cause remanded with *852 directions to dismiss the section
440.24 proceeding without prejudice. Reversed, remanded with directions. . We do not pass upon the other issue presented, which challenges the amenability of a state agency like the appellant to the remedy of execution provided by a section
440.24 proceeding....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 497, 1984 Fla. LEXIS 3647
...an “abandonment” under this rule. Subsection (d) clarifies the time within which payments are to be made following either an abandonment or unsuccessful disposition of appeal. As in all other cases, enforcement in case of default is governed by section 440.24, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 17083, 2009 WL 3787095
...Smith with certain benefits, including the services of a pain management physician. On October 9, 2007, a Judge of Compensation Claims ordered the parties to comply with the mediation agreement. Mr. Smith subsequently filed a petition for rule nisi in the circuit court pursuant to section 440.24, Florida Statutes (2007)....
...The record is simply insufficient to support Mr. Smith's argument. Moreover, I concur with the majority in affirming the denial of the petition for rule nisi on the merits as well, assuming the parties presented evidence to the circuit court which coincides with their pleadings. Section 440.24(1) states: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other *1144 failure by the employer or carrier to comply with such order with...
...However, I do not think this resolution answers Mr. Smith's request for attorney's fees and costs. Under section
440.34(3) and (3)(d), costs and attorney's fees shall be taxed and awarded to the claimant if he "successfully prevails in proceedings filed under [section]
440.24." The plain language of this statute suggests that Mr....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 1814151, 2014 Fla. App. LEXIS 6780
...Appellant then filed the present rule nisi action. After numerous proceedings, the trial court entered an order dismissing the action based on lack of jurisdiction due to alleged factual disputes as to whether Ap-pellee complied with the 2007 order. The action should not have been dismissed. Section 440.24(1), Florida Statutes (2008), provides: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carrier to compl...
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 7393, 2003 WL 21146094
...5th DCA 1991) (“[W]here the right to file a lien is granted by statute, and the lien is filed in compliance with the statute, the court has no discretion to strike it”). On remand, the judge of compensation claims may be able to induce satisfaction of the lien under section 440.24(4), Florida Statutes (2002). When a claimant has been ordered to pay attorney’s fees, “the judge of compensation claims may ... suspend payments due under [the employee’s] claim [on the merits] until the employee complies with [the attorney’s fee] order.” § 440.24(4), Fla....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079
...nduct or comparable conduct by others similarly situated. Subject to the limitations in this subdivision and in subdivision (d), the sanction may consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section
440.20 or
440.24, Florida Statutes; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney fees and other costs incurred as a direct result of the violation....
...However, the judge of compensation claims need not inquire beyond the stipulation or agreement and may enter an order approving the mediation agreement. (e) Enforcement of Agreement. In the event of any breach or failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5349, 1993 WL 153760
...At most, it appears the First District was suggesting that a judge of compensation claims could establish a date payment is “due” which differs from the date the judgment is entered. Nor can we agree with DHRS that an award of interest is not recoverable in a rule nisi proceeding pursuant to section 440.24....
...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. COBB and HARRIS, JJ., concur. . §
440.24, Fla.Stat....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236
...EFFECT OF CONTINUANCES An agreement by the parties to post-trial proceedings, including the post-trial presentation or submission of evidence, or to a continuance of the trial or the pretrial conference shall constitute a waiver by the parties of the requirements of Ssection 440.2d(3)(a), and Section 440.24(3)(b)440,25, Florida Statutes, as to the timeliness of hearings and the entry of orders....
...bandonment” under this rule. Subsectiondivision (d) clarifies the time within which payments are to be made following either an abandonment or unsuccessful disposition of appeal. As in all other cases, enforcement in case of default is governed by section 440.24, Florida Statutes....
...However, the judge of compensation claims need not inquire beyond the stipulation or agreement. (c) Enforcement of Agreement. In the event of any breach or failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 4373, 2011 WL 1167203
...related to the voluntarily dismissed PFBs. The cost order was per curiam affirmed by this court. Hernandez v. Palmetto Gen. Hosp.,
25 So.3d 563 (Fla. 1st DCA 2009) (table). After the mandate issued, the E/C moved to dismiss the new PFBs pursuant to section
440.24(4) because Claimant had not complied with the cost order....
...Accordingly, although sanctions may be appropriate for Claimant's "unreasonable" failure to attend the hearing on the order to show cause, the JCC abused his discretion by imposing the ultimate sanction dismissal of Claimant's PFBs with prejudicefor that conduct. The dismissal order was also based on section 440.24(4) and Claimant's failure to pay the cost order. Thus, in determining whether the error discussed above was harmful (and, thus, requires reversal), it is necessary to consider whether the JCC properly dismissed the PFBs with prejudice under section 440.24(4), even though that issue was not argued by Claimant as a separate ground for reversal....
...Sheehan Pipeline Const. Co.,
45 So.3d 105, 109 (Fla. 1st DCA 2010) (stating that the test for harmfulness of error in workers' compensation case is "whether but for such error, a different result may have been reached"). Assuming (without deciding [3] ) that section
440.24(4) authorizes the dismissal of a subsequent proceeding based on the employee's failure to comply with an order entered in a prior proceeding, the statute clearly does not authorize dismissal with prejudice. By its terms, section
440.24(4) only authorizes claims to be dismissed "until the employee complies with such order," and, thus, the statute could not support the dismissal of Claimant's new PFBs with prejudice....
...Radio Station WQBA,
731 So.2d 638, 644-45 (Fla. 1999); see also Staffmark v. Merrell,
43 So.3d 792, 795 (Fla. 1st DCA 2010) (applying the "tipsy coachman" doctrine in a workers' compensation case). [3] In order to resolve this appeal, we need not determine whether section
440.24(4) is an appropriate mechanism for a party to seek collection or enforcement of a cost order against a non-prevailing adversary....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 3552, 2006 WL 626061
...Under section
440.34, Florida Statutes (1991), compensation claims judges, not circuit court judges, are authorized to award attorney's fees in worker's compensation cases. See §
440.34, Fla. Stat. (1991). However, when section
440.34(1) is read in connection with section
440.24(1), it allows circuit court judges to award attorney's fees in proceedings such as a rule nisi action to enforce payments of compensation....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3855, 2012 WL 762073
...On August 5, 2010, and September 8, 2010, claimant filed new petitions for benefits seeking medical treatment for his com-pensable left shoulder condition. On January 3, 2011, the Employer/Carrier filed a motion to dismiss all pending petitions for benefits, citing as authority section 440.24(4), Florida Statutes (2007)....
...he Order Taxing costs. Rather, he simply does not have the financial ability to pay the outstanding costs.” Notwithstanding the finding that claimant was not “willfully” refusing to comply with the order, the JCC exercised his discretion under section 440.24(4) and granted the motion to dismiss until claimant was able to pay the outstanding cost judgment, and dismissed the pending petitions. Analysis Section 440.24(4) provides in relevant part: “In any case wherein the employee fails to comply with any order of a judge of compensation claims within 10 days after such order becomes final, the judge of compensation claims may dismiss the claim or...
...record is devoid of any findings that the claimant’s failure to attend the depositions or make himself available for a deposition was willful, deliberate or contumacious”). We find no reason not to apply the same rule to dismissals pursuant to section
440.24(4). Accordingly, we hold that a JCC who implements section
440.24(4), must specifically find that the offending party’s “conduct was willful, deliberate or contumacious.” Queen,
728 So.2d at 805 ....
...Accordingly, we REVERSE the JCC’s dismissal of claimant’s 2010 petitions for benefits and RE *1165 MAND this matter for proceedings consistent with this opinion. LEWIS and SWANSON, JJ., concur. . Claimant and amici curiae also argue that, to the extent section 440.24(4), Florida Statutes (2007), authorizes the dismissal of petitions for benefits where the claimant has failed to pay a cost order solely because of claimant's indigency, the statute constitutes an unconstitutional denial of the right of access to courts under Article I, section 21, of the Florida Constitution....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15055
DANAHY, Judge.' This workmen’s compensation case comes to us as an appeal from a final order of the trial judge dismissing with prejudice appellant’s petition for rule nisi pursuant to Section 440.24(1), Florida Statutes (1975). Section 440.24(1) provides that, in case of default by an employer or carrier in the payment of compensation due under a compensation order of a Judge of Industrial Claims, the circuit court shall have jurisdiction to entertain a petition for rule ni...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8333, 1999 WL 414256
...We find that the E/C was entitled to unilaterally calculate the set-off following the order of the JCC, and the circuit court was without jurisdiction to determine the issue of whether the E/C properly calculated the set-off. Therefore, the court should have granted the E/C’s motion to dismiss for lack of jurisdiction. Section 440.24, Florida Statutes, provides for the enforcement of compensation orders....
...er, shall not be issued, and, unless such cause is shown, the court shall have jurisdiction to issue a writ of execution or such other process or final order as may be necessary to enforce the terms of such order of the judge of compensation claims. § 440.24, Fla....
...The employer thereafter paid benefits to the claimant, but unilaterally withheld a sum it claimed constituted a set-off for the sum the claimant received in social security benefits. Id. In an effort to challenge the propriety of the set-off, the claimant filed a petition for rule nisi in the circuit court pursuant to section 440.24, claiming the employer “failed to pay all the benefits due under the order” Id....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 9166, 2007 WL 1687728
...Foundry appealed to the First District Court of Appeal. U.S. Foundry & Mfg., Inc. v. Carner,
951 So.2d 927 (Fla. 1st DCA 2007). During the pen-dency of the appeal, Carner petitioned the circuit court for a rule nisi to enforce the temporary benefits. §
440.24(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 20628
within the jurisdiction of the circuit court. § 440.-24(1), Fla. Stat. REVERSED and REMANDED for entry
CopyPublished | District Court of Appeal of Florida
BARKDULL, Judge. The appellant was the respondent in a proceeding instituted by the appellee as petitioner, under the provisions of § 440.24(1), Fla.Stat., F.S.A....
...Therefore, the employer had ample opportunity [pursuant to the provisions of §§
440.25(4) (a) and 440.27(1), supra] to contest the proceedings by appellate review if it deemed them erroneous, but did not avail themselves of this opportunity. As to the second, once again the Statute [§
440.24(1)] itself makes it clear that there is no obligation on the claimant to first pursue the insurance carrier, as it provides that a claimant may seek redress if there is a default “in the payment of compensation due under any compensation order” or “other failure by the employer or carrier to comply with such order”. This gives the claimant an election to seek relief against either or both the employer or carrier. The claimant having clearly abid-ed by the terms of §
440.24(1), supra, and no error having been made to appear in the court’s ruling, the final judgment here under review is affirmed....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 327, 2009 WL 129609
...the money into the registry of the court. The battle in this case is between common sense and the procedural limitations of a writ of rule nisi. While the result seems absurd, the law limits the circuit court's ability to achieve the logical result. Section 440.24(1), [3] Florida Statutes (2007), provides the circuit court with jurisdiction to issue a writ of rule nisi, requiring the employer to show cause why a writ of execution should not be issued or "such other process or final order" to enforce orders of the JCC....
...Promo Graphics,
691 So.2d 632, 634 (Fla. 5th DCA 1997)); see also Benedict v. Executive Risk Consultants, Inc.,
616 So.2d 525, 526 (Fla. 4th DCA 1993). Until changed, altered, or modified by the JCC, the order must be enforced by the circuit court. See §§
440.24,
440.28, Fla....
...vices were provided by the mother. No default is shown, and the trial court should not have issued the rule nisi. NOTES [1] The employer has continued to pay FINR for the claimant's benefits. [2] The claimant's mother is also his legal guardian. [3] Section 440.24(1), Florida Statutes (2007) specifically provides: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carr...
CopyPublished | District Court of Appeal of Florida
...odification was denied by the deputy commissioner. The appellants then terminated payment of compensation to the appellee and appealed to the Florida Industrial Commission for review of the order denying modification. The ap-pellee then, pursuant to § 440.24, Fla.Stat., F.S.A., applied to the circuit court for a rule nisi in an attempt to enforce the order and award of the deputy commissioner of June 4, 1962....
...It is this order of which the appellants seek review. The appellants contend that the court modified or amended the compensation order whereas its sole authority under § 440.-24(1), Fla.Stat., F.S.A., was to enforce the order. Secondly, there was no authority in the circuit court under § 440.24(1) to award attorney’s fees in a collateral proceedings for the enforcement of an award....
...ore any court, the court may allow or increase attorney’s fees in its discretion which shall be in addition to compensation paid the claimant. 2 Section 440.27(1), Fla.Stat, F.S.A., 3 provides that orders of the full commission entered pursuant to § 440.24, Fla.Stat., F.S.A., shall be subject to review only by petition for writ of certiorari to the Supreme Court....
...the Supreme Court of Florida the only reviewing court, it becomes obvious that the circuit court could not be a reviewing court and would not have the authority conferred by the statute upon the reviewing court, i. e., the Supreme Court of Florida, Section 440.24(1) 4 provides for the enforcement of compensation orders which, as we understand it, is the proceedings instituted by the appellee to this cause in the circuit court It is equally obvious from reading the pertinent portions of the abov...
...or certiorari to the Supreme Court of Florida. We conclude that without the authority of statute or some enforceable contract or agreement providing for the award of attorney’s fees, attorney’s fees would not be permissible in a proceeding under § 440.24 in the circuit court....
...“* * * If any proceedings are bad for review of any claim, award or compensation order be-for any court, the court may allow or increase the attorney’s fees * * . Section 440.27(1). “Orders of the full commission * * * shall be subject to review only by petition for writ of cer-tiorari to the supreme court.” . Section 440.24(1)....
CopyPublished | Florida 3rd District Court of Appeal | 1992 WL 296136
...Pursuant to section
440.25(4)(c), Florida Statutes (1991), the JCC's order was automatically stayed during the pendency of the appeal. As a result, the employer/carrier did not furnish claimant with the home *1294 until after the order was ultimately affirmed. Thereafter, claimant filed a petition for Rule Nisi, pursuant to section
440.24(1), Florida Statutes (1991), [1] seeking enforcement of the JCC's order through an award of the reasonable rental value of the home for the fifteen months during the pendency of the appeal, less his $340 per month contribution, plus interest and penalties....
...Thereafter, the employer/carrier's motion for rehearing was denied, and claimant timely filed the instant appeal. [3] Employer/carrier cross-appealed claimant's entitlement to the award of out-of-pocket expenses. The authority of a circuit court judge in a Rule Nisi proceeding under section 440.24(1) is limited to inquiring whether or not the JCC's order is still in full force and effect and if so, to enforce the provisions of that order....
...City of Miami,
220 So.2d 413, 414 (Fla. 3d DCA 1969). The statute gives the circuit court wide latitude in the enforcement of compensation orders by allowing it "to issue a writ of execution or such other process or final order as may be necessary to enforce " the order. §
440.24(1), Fla....
...According to the employer/carrier, because of the automatic stay which went into effect upon its appeal of the JCC's order to the First District, it was not required *1295 to provide claimant with the home until within thirty days of the appellate court's mandate. As authority for its argument, employer/carrier cites to section 440.24(1) and Workers' Compensation Rule 4.161....
...t, with no further reduction for the $340 per month claimant was ordered to pay. It is so ordered. NOTES [1] Since JCC's do not have authority to enforce workers' compensation orders, a claimant must resort to the enforcement provisions contained in section 440.24, Florida Statutes (1991). Section 440.24(1) provides: In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carrier to comply with such order within 1...
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6089
...e Court’s ruling, but was refused interest thereon from the date they were respectively entered to the date of payment. Claimant thereupon filed his petition in the Pinellas County Circuit Court to enforce payment of such interest, under F.S. Sec. 440.24, F.S.A., a part of the workmen’s compensation act, which gives the Circuit Court jurisdiction to enforce orders entered by or under authority of the Commission....
...So for as we are able to determine, this is a case of first impression in the Courts of Florida. At the outset, we may dispose of one procedural matter raised by appellees here. They contend that the attorneys would come under the clause “any beneficiary under such order”, as used in Section 440.24 aforesaid, giving right to “any beneficiary” to file a petition, and that therefore the Circuit Judge was warranted in dismissing the petition because it should have been filed by the “beneficiaries” rather than the claimant....
...The Workmen’s Compensation Act is a creature of statute. Its provisions were unknown at common law. Consequently unless a right is contained in the law it does not exist. Thus, resort to the Circuit Court for enforcement of any compensation order was first permitted by amendment of Sec. 440.24 in 1953....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14205
Rule Nisi. We agree and reverse. Florida Statute § 440.-24(1) governs enforcement of compensation Orders
CopyPublished | Florida 3rd District Court of Appeal
Merritt,
160 So.2d 552 (Fla.2d DCA 1964), and Section
440.24, Florida Statutes (1975), the trial court should
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 1821, 1998 WL 75048
...Leo Torres challenges the trial court’s order dismissing his Petition for a Rule Nisi to enforce an order of the Judge of Compensation Claims (“JCC”). The court dismissed *9 the petition due to lack of jurisdiction. We reverse and remand for further proceedings pursuant to section 440.24(1), Florida Statutes (1995)....
... Compensation Procedure 4.160(a)(1).” 1 On May 2, 1997, the trial court dismissed Torres’ petition for rule nisi based on Adams’ renewed objection that the court lacked jurisdiction. Torres appealed the trial court’s dismissal, pursuant to section 440.24(1), Florida Statutes....
...Adams argued that the circuit court lacked jurisdiction because the JCC did not dispose of all of the issues and the claim was therefore non-final. Torres contends that the circuit court had jurisdiction to hear his petition for rule nisi pursuant to section 440.24(1), Florida Statutes, which provides: In case of default .by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carrier to compl...
...der, shall not be issued, and unless such cause is shown, the court shall have jurisdiction to issue a writ of execution or such other process or final order as may be necessary to enforce the terms of such order of the judge of compensation claims. § 440.24(1), Fla....
...Based on Betancourt , we hold that the order was final and appealable, with the claim for transportation to and from medical providers abandoned and the issue waived. See id.; Cantor v. Davis,
489 So.2d 18 (Fla.1986). Accordingly, we reverse and remand to the trial court for further proceedings pursuant to Betancourt and section
440.24(1), Florida Statutes....
CopyPublished | Supreme Court of Florida | 1959 Fla. LEXIS 1764
Johnson proceeded in the Circuit Court under Section
440.24, Florida Statutes, F.S.A., to obtain a rule
CopyPublished | Florida 3rd District Court of Appeal | 1968 Fla. App. LEXIS 5709
result of appellee filing a petition pursuant to §
440.24(1), Fla.Stats., F.S.A. Appellants were required
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 14573, 1997 WL 786509
...That motion was denied by the Deputy Commissioner on the grounds that it was untimely and the supplemental order needed no clarification. When Staffing failed to make any payments to Paul or provide continuing medical care, Paul filed her petition for rule nisi pursuant to section 440.24(1), Florida Statutes (1995), in the court below to enforce the supplemental order....
...Kendall Associates,
590 So.2d 518, 519-20 (Fla. 3d DCA 1991). A circuit judge presiding over a rule nisi proceeding is not vested with jurisdiction to review or re-entertain the merits of the workers’ compensation order sought to be enforced. See §
440.24(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 19945, 2010 WL 5557086
...sts, the order awarding the costs will be meaningless, and its due process rights will have been violated. This court recently referenced a remedy available to an E/C in addressing whether an E/C had a right to file a rule nisi petition, pursuant to section 440.24(1), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11412, 2010 WL 3062845
...The cost order was not appealed, and Appellant concedes that the amount is due and owing and that the cost order is not subject to collateral attack. After Appellant failed to comply with the order, Appellees sought to enforce the order by filing a petition for rule nisi in the circuit court pursuant to section 440.24(1), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 17199
PER CURIAM. The employer and its compensation insurer appeal the allowance of an attorney’s fee upon employee’s petition pursuant to Section 440.24, Florida Statutes (1977), to enforce a workman’s compensation award....
CopyPublished | Supreme Court of Florida | 1988 Fla. LEXIS 1479, 1988 WL 135851
...EFFECT OF CONTINUANCES An agreement by the parties to post-trial proceedings, including the post-trial presentation or submission of evidence, or to a continuance of the trial or the pretrial conference shall constitute a waiver by the parties of the requirements of Section 440.-24(3)(a), and Section 440.24(3)(b), Florida Statutes, as to the timeliness of hearings and the entry of orders....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11224, 2009 WL 2448005
...tion that it did not have jurisdiction. The court concluded "that the underlying worker's compensation case remains open and active" and therefore the JCC's enforcement order was nonfinal. The court determined that it did not have jurisdiction under section 440.24(1), Florida Statutes (2007), to review nonfinal orders. Section 440.24(1) provides that a circuit court has jurisdiction to issue a rule nisi directing the employer or carrier to show cause why the court should not enter a writ of execution or otherwise enforce the terms of a JCC's final order....
...matters that were ripe for adjudication. Id. at 42. The court explained that the JCC's erroneous reservation of jurisdiction did not render the order nonfinal. The court added that the JCC does not have the authority to enforce such orders. Instead, section 440.24(1) gives the circuit court the authority to issue a rule nisi to enforce such final orders....
...ation that the claimant could have another doctor perform the IME. Id. at 881. On appeal, the Third District affirmed based on its determination that the order at issue was nonfinal and the circuit court did not have jurisdiction to enforce it under section 440.24(1)....
...lution by the circuit court. Reversed and remanded. CASANUEVA, C.J., and CRENSHAW, J., Concur. NOTES [1] Section
440.34(3)(d) provides for entitlement to attorney's fees "[i]n cases where the claimant successfully prevails in proceedings filed under s.
440.24."
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 3974, 1997 WL 180167
...Both parties sought review (by appeal and cross-appeal) regarding the attendant care provisions of the final order. On June 26, 1995, the First District Court of Appeal affirmed the JCC order without opinion. On February 7, 1996, Claimant applied for the issuance of a Rule Nisi pursuant to § 440.24 for enforcement of the decretal provisions of the final compensation order....
