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Judge of compensation claims has no authority to award interest on attorney's fees from date of workers' compensation award  [Added 7/31/08]

    Claimant in a workers' compensation proceeding sought recovery of interest on attorney's fees from the date that the judge of compensation claims ("JCC") ordered the employer/carrier to provide benefits.  Claimant contended that, as a result of the 2003 changes to Fla.Stat. sec. 440.34, "the amount of the attorney’s fees is set as a statutorily established percentage of the benefits awarded.  Thus, [Claimant] asserts the amount of fees is, in effect, determined by the compensation order and, if, as here, the amount and entitlement of fees is not in dispute, there is no need for a further order of the JCC to establish the amount of the fees."  The trial court denied Claimant's request.

    On appeal, the First DCA affirmed.  Despite the 2003 amendments, "attorney's fees under chapter 440 are not self-executing."  The JCC must approve the fees.  Claimant "sought an award of interest on the authority of section 55.03, which  provides for the payment of interest on civil judgments generally.  As this court has explained in Farhangi v. Dunkin Donuts, 728 So.2d 772, 773 (Fla. 1st DCA 1999), a JCC 'has no authority or jurisdiction beyond what is specifically conferred by statute'.”  Claimant cited to no authority giving the JCC "authority, power, or jurisdiction to award interest from the date of the compensation order."  Pruden v. Herbert Contractors, Inc., ___ So.2d ___ (Fla. 1st DCA, No. 1D07-3319, 7/30/2008).

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