Disability Law

Third DCA: Interest Awardable on WC Lien

By David A. McCranie, Esq.

The Third DCA has held that a workers' compensation carrier is entitled to interest on the benefits it has paid for the period of time after the claimant receives the settlement proceeds from his third-party liability claim until the amount of the carrier's lien is determined.  Nevertheless, no interest is payable for the period of time that the settlement proceeds remained in the claimant's attorney's trust account because interest accruing in that account is payable to the Florida Bar Foundation, Inc., not to the claimant.  Interest also should not be paid at the statutory rate set forth in §55.03, Fla. Stat., when the claimant himself did not receive interest at the statutory rate.  Riser v. Hartford Ins. Co.

Full post as published by Florida Workers’ Compensation Law Blog on November 26, 2007 (boomark / email).