Perry v. Ecolab Inc.

In this workers’ compensation appeal, Claimant argues that the Judge of Compensation Claims (JCC) erred in denying his claims for penalties and interest on the late payment of compensation benefits. We agree the JCC erred, and reverse the order denying the claimed benefits.

Here, the JCC conflated the determination of when benefits payable pursuant to an award are due with the determination of when an order is final. Even though, pursuant to section 440.25(5)(a), Florida Statutes (2002), an order is not final until thirty days after it has been mailed to the parties, unless a timely appeal is…