The 2023 Florida Statutes (including Special Session C)
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. . . balance had reached $41,904.72 and SallieMae indicated that the monthly payment amount would increase to $440.24 . . .
. . . Section 440.24(1), Florida Statutes (2008), provides: In case of default by the employer or carrier in . . .
. . . petitions due to Claimant’s failure to comply with the June 22, 2011, order, citing as authority section 440.24 . . . outstanding costs order, and dismissed the pending petitions, without prejudice, pursuant to section 440.24 . . . ANALYSIS Section 440.24(4) provides in relevant part: “In any case wherein the employee fails to comply . . . 1164 (Fla. 1st DCA 2012) (reversing dismissal without prejudice, holding “a JCC who implements section 440.24 . . . finding, the JCC abused his discretion in dismissing Claimant’s petitions on the authority of section 440.24 . . .
. . . was not “willfully” refusing to comply with the order, the JCC exercised his discretion under section 440.24 . . . Analysis Section 440.24(4) provides in relevant part: “In any case wherein the employee fails to comply . . . 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 . . . Claimant and amici curiae also argue that, to the extent section 440.24(4), Florida Statutes (2007), . . .
. . . After the mandate issued, the E/C moved to dismiss the new PFBs pursuant to section 440.24(4) because . . . The dismissal order was also based on section 440.24(4) and Claimant’s failure to pay the cost order. . . . it is necessary to consider whether the JCC properly dismissed the PFBs with prejudice under section 440.24 . . . Assuming (without deciding) that section 440.24(4) authorizes the dismissal of a subsequent proceeding . . . By its terms, section 440.24(4) only authorizes claims to be dismissed “until the employee complies with . . .
. . . Claimant also argues that section 440.24(4) supports his assertion that costs may not be awarded against . . . Section 440.24(4), which bears the title “Enforcement of Compensation Orders; Penalties,” states .that . . . In contrast, section 440.24(4) addresses enforcement and sanctions, and, contrary to claimant’s argument . . . Section 440.24(4) simply has no bearing on this case. C. . . . Based on the foregoing, we reject claimant’s first point on appeal, that sections 440.19(6) and 440.24 . . .
. . . to an E/C in addressing whether an E/C had a right to file a rule nisi petition, pursuant to section 440.24 . . .
. . . sought to enforce the order by filing a petition for rule nisi in the circuit court pursuant to section 440.24 . . .
. . . review of the trial court’s order granting Appellees’ rule nisi petition filed pursuant to section 440.24 . . . The E/C in New argued that, although section 440.24(1) specifically provides that an employee may seek . . . The E/C in New further argued that the section 440.24(1) is unconstitutional as applied because it does . . . The court rejected this argument, explaining that section 440.24(1) does not purport to establish the . . . Appellees did not make this constitutional argument in this case, but they did argue that section 440.24 . . .
. . . Appellee challenged the trial court’s jurisdiction to issue a rule nisi against him under section 440.24 . . . Section 440.24(1) establishes an expedited procedure to enforce a compensation award. . . . They explain that, when section 440.24(1) was first enacted, only employees could recover costs, so it . . . Specifically, they urge that we should infer a reciprocal remedy by reading section 440.24(1) in pari . . . Section 440.24(1) establishes an expedited enforcement remedy in the circuit court. . . .
. . . Smith subsequently filed a petition for rule nisi in the circuit court pursuant to section 440.24, Florida . . . Section 440.24(1) states: In case of default by the employer or carrier in the payment of compensation . . . taxed and awarded to the claimant if he “successfully prevails in proceedings filed under [section] 440.24 . . .
. . . The court determined that it did not have jurisdiction under section 440.24(1), Florida Statutes (2007 . . . Section 440.24(1) provides that a circuit court has jurisdiction to issue a rule nisi directing the employer . . . Instead, section 440.24(1) gives the circuit court the authority to issue a rule nisi to enforce such . . . order at issue was nonfinal and the circuit court did not have jurisdiction to enforce it under section 440.24 . . . attorney's fees “[i]n cases where the claimant successfully prevails in proceedings filed under s. 440.24 . . .
. . . the e/c denies that a compensable accident occurred, or prevails in proceedings filed under sections 440.24 . . .
. . . Section 440.24(1), Florida Statutes (2007), provides the circuit court with jurisdiction to issue a writ . . . See §§ 440.24, 440.28, Fla. Stat. (2007). . . . Section 440.24(1), Florida Statutes (2007) specifically provides: In case of default by the employer . . .
. . . compensability; or (d) In cases where the claimant successfully prevails in proceedings filed under s. 440.24 . . .
. . . (l-440.12), (b) a summons (1-440.23), and (c) a notice of levy (1-440.24). N.C. Gen.Stat. 1-440.25. . . . Gen.Stat. 1-440.24. . . .
. . . . § 440.24(1), Fla. Stat. (2006). . . .
. . . brings this appeal from the circuit court’s dismissal of his petition for rule nisi, pursuant to section 440.24 . . . the Worker’s Compensation Law which governs enforcement of a JCC’s-final compensation order, section 440.24 . . . directing such employer or carrier to show cause why a writ of execution ... shall not be issued. § 440.24 . . . compensation order since the sole remedy for enforcement is by the procedure outlined in subsection 440.24 . . .
. . . Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under section 440.24 . . .
. . . However, when section 440.34(1) is read in connection with section 440.24(1), it allows circuit court . . .
. . . . § 440.24(1), Fla. Stat. (1998); North Shore Med. Ctr. v. . . .
. . . . § 440.24(1), Fla. Stat. (1998); North Shore Med. Ctr. v. . . .
. . . dispute in this case centers around whether the 120-day ‘pay-and-investigate’ rule as set forth in § 440.24 . . .
. . . unpaid, Gruber filed a rule nisi petition against Caremark in the circuit court pursuant to section 440.24 . . .
. . . remand, the judge of compensation claims may be able to induce satisfaction of the lien under section 440.24 . . . the employee’s] claim [on the merits] until the employee complies with [the attorney’s fee] order.” § 440.24 . . .
. . . Abbreviated final orders under section 440.25(4)(d), Florida Statutes, shall be enforceable under séction 440.24 . . . failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24 . . .
. . . failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24 . . .
. . . Section, 440.24, Florida Statutes (1997), provides the circuit court with jurisdiction to enforce orders . . .
. . . Section 440.24, Florida Statutes, provides for the enforcement of compensation orders. . . . . § 440.24, Fla. Stat. (1997). . . . of the set-off, the claimant filed a petition for rule nisi in the circuit court pursuant to section 440.24 . . .
. . . We reverse and remand for further proceedings pursuant to section 440.24(1), Florida Statutes (1995). . . . Torres appealed the trial court’s dismissal, pursuant to section 440.24(1), Florida Statutes. . . . contends that the circuit court had jurisdiction to hear his petition for rule nisi pursuant to section 440.24 . . . order as may be necessary to enforce the terms of such order of the judge of compensation claims. § 440.24 . . . we reverse and remand to the trial court for further proceedings pursuant to Betancourt and section 440.24 . . .
. . . Paul or provide continuing medical care, Paul filed her petition for rule nisi pursuant to section 440.24 . . . See § 440.24(1), Fla. . . .
. . . Merritt filed a petition for Rule nisi pursuant to section 440.24, Florida Statutes (1995), claiming . . . Section 440.24 provides, in part, that: In ease of default by the employer or carrier in the payment . . . Merritt filed a petition for rule nisi in the circuit court pursuant to section 440.24, Florida Statutes . . . Section 440.24 provides, in part: In case of default by the employer or carrier in the payment of compensation . . .
. . . On February 7, 1996, Claimant applied for the issuance of a Rule Nisi pursuant to § 440.24 for enforcement . . .
. . . Self-Insured Fund appeal a final order granting claimant/appel-lee’s rule nisi petition under subsection 440.24 . . . The claimant filed an application in circuit court for issuance of a rule nisi under subsection 440.24 . . .
. . . consist of, or include, directives of a nonmone-tary nature, or a penalty pursuant to section 440.20 or 440.24 . . . failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24 . . .
. . . Section 440.24(1), Florida Statutes (1993), provides that the circuit courts shah have jurisdiction to . . .
. . . As in all other cases, enforcement in ease of default is governed by section 440.24, Florida Statutes . . .
. . . . § 440.24(1), Fla.Stat. (1993). . . .
. . . sought enforcement of the order in a rule nisi proceeding in the circuit court pursuant to subsection 440.24 . . . The circuit court has no jurisdiction in a rule nisi proceeding under subsection 440.24(1) to modify . . . by the Industrial Relations Judge, the Order is required to be enforced by the Circuit Judge under 440.24 . . . compensation order since the sole remedy for enforcement is by the procedure outlined in subsection 440.24 . . . Once jurisdiction is properly invoked in the circuit court, nothing in the clear terms of subsection 440.24 . . .
. . . prior compensation order, since the sole remedy for enforcement is by the procedure outlined in section 440.24 . . .
. . . Compare § 766.312 with §§ 440.24(1); 440.33(2), Fla.Stat. (1993). . . .
. . . It is therefore clear that the circuit court had no jurisdiction under Section 440.24(1), Florida Statutes . . .
. . . In October 1990, claimant filed a petition for a rule nisi in circuit court, pursuant to section 440.24 . . .
. . . with DHRS that an award of interest is not recoverable in a rule nisi proceeding pursuant to section 440.24 . . . COBB and HARRIS, JJ., concur. . § 440.24, Fla.Stat. (1991). . . . .
. . . role of the circuit court, when considering a petition for issuance of a rule nisi pursuant to section 440.24 . . .
. . . On March 7, 1991, claimant filed a Petition for Rule Nisi with the circuit court pursuant to Section 440.24 . . .
. . . The authority of a circuit court judge in a Rule Nisi proceeding under section 440.24(1) is limited to . . . writ of execution or such other process or final order as may be necessary to enforce” the order. § 440.24 . . . As authority for its argument, employer/carrier cites to section 440.24(1) and Workers’ Compensation . . . workers’ compensation orders, a claimant must resort to the enforcement provisions contained in section 440.24 . . . Section 440.24(1) provides: In case of default by the employer or carrier in the payment of compensation . . .
. . . Section 440.24(1), Fla.Stat. (1989); Grant-Sholk Constr. Co., Inc. v. . . .
. . . shall constitute a waiver by the parties of the requirements of Ssection 440.2d(3)(a), and Section 440.24 . . . As in all other cases, enforcement in case of default is governed by section 440.24, Florida Statutes . . . failure to perform under a mediation agreement, enforcement shall proceed in accordance with section 440.24 . . .
. . . On June 7, 1990, Gibbons, pursuant to section 440.24(1) of the Florida Statutes (1989), filed an amended . . .
. . . The enforcement provisions governing workers compensation orders are contained in Section 440.24, Florida . . . 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 . . .
. . . Section 440.24(1), Florida Statutes (1987), provides that in case of the failure of a carrier to comply . . . The claimant in this case filed a petition under section 440.24(1) for the issuance of a rule nisi, alleging . . . Under section 440.24(1) the only issue to be determined by a circuit court upon application for rule . . .
. . . .-24(3)(a), and Section 440.24(3)(b), Florida Statutes, as to the timeliness of hearings and the entry . . .
. . . . §§ 440.13, 440.20, 440.24 (1969) (other provisions providing for penalties under 1969 Act). . . .
. . . Thereupon, appellant unsuccessfully sought a rule nisi in the circuit court pursuant to section 440.24 . . . Section 440.24(1), Florida Statutes, provides: (1) In case of default by the employer or carrier in the . . . Commission, the order remains in full force and effect and can be enforced by a chancellor pursuant to § 440.24 . . .
. . . Pursuant to Section 440.24(1), Florida Statutes, Kriegel then filed a petition for rule nisi to enforce . . . the claimant that generally a circuit court has no authority in a rule nisi proceeding under section 440.24 . . . Section 440.24(1), Florida Statutes, provides: In the case of default by the employer or carrier in the . . .
. . . Sometime in early 1986, Knight sought a rule nisi from the circuit court pursuant to Section 440.24(1 . . . Section 440.24(1), Florida Statutes (1985) provides that In case of default by the employer or carrier . . .
. . . Troy, 448 So.2d 46 (Fla. 3d DCA 1984); § 440.24, Fla.Stat. (1985). Contra Colonel’s Table v. . . .
. . . Thus it is expressly governed by section 440.24. . . .
. . . Section 440.24(1), Florida Statutes. . . .
. . . In a “rule nisi” proceeding under section 440.24(1), Florida Statutes (1983), the court below enforced . . . consider that the entire order, specifically including the fee portion, is not yet “final” under section 440.24 . . . the orders under review are reversed and the cause remanded with directions to dismiss the section 440.24 . . . the amenability of a state agency like the appellant to the remedy of execution provided by a section 440.24 . . .
. . . As in all other cases, enforcement in case of default is governed by section 440.24, Florida Statutes . . .
. . . We affirm the order granting the claimant-appellee’s rule nisi application under Section 440.24(1), Florida . . .
. . . The trial judge denied the claimant-appellant’s rule nisi application under Section 440.24(1), Fla.Stat . . .
. . . The rule nisi action authorized by Section 440.24(1), Florida Statutes (1977) was specifically designed . . .
. . . by the Industrial Relations Judge, the Order is required to be enforced by the Circuit Judge under § 440.24 . . .
. . . compensation insurer appeal the allowance of an attorney’s fee upon employee’s petition pursuant to Section 440.24 . . .
. . . on appeal from the order of the Circuit Court, Marion County, entered pursuant to Florida Statute § 440.24 . . .
. . . of the trial judge dismissing with prejudice appellant’s petition for rule nisi pursuant to Section 440.24 . . . Section 440.24(1) provides that, in case of default by an employer or carrier in the payment of compensation . . .
. . . Merritt, 160 So.2d 552 (Fla.2d DCA 1964), and Section 440.24, Florida Statutes (1975), the trial court . . .
. . . . § 440.24(1), F.S.A., which provides, in pertinent part: “In case of default by the employer or carrier . . . For the purposes of Fla.Stat. § 440.24(1), F.S.A., an order of the Judge of Industrial Claims or of the . . .
. . . , the plaintiff sought to collect through the issuance by the circuit court of a rule nisi (under § 440.24 . . . court of appeal held (1) that the provision for enforcement of a Commission order by rule nisi under § 440.24 . . . amounted to a rejection of plaintiff’s effort to enforce the Commission order , by rule nisi under § 440.24 . . .
. . . The complaint seeking the issuance of a rule nisi was filed pursuant to the provisions of Section 440.24 . . . 24, 1970, finding that the court had jurisdiction over the parties and subject matter “under Section 440.24 . . . As to the first point, a review of Sections 440.24(1) and 440.34(1) reflects that the provisions thereof . . . The introductory language to Section 440.24(1) provides that “in case of default by the employer or carrier . . . is not the type and character of an order capable of being enforced under the provisions of Section 440.24 . . .
. . . . § 440.24(1), F.S.A., in the Circuit Court of Dade County, Florida. . . .
. . . . §§ 440.20(6), 440.24 and 440.34, F.S.A.) are legislative alternatives to allowance of interest on attorneys . . .
. . . This final judgment came about as a result of appellee filing a petition pursuant to § 440.24(1), Fla.Stats . . . This cause was brought under § 440.24, Fla.Stats., F.S.A., which states: “(1) In case of default by the . . . Commission, the order remains in full force and effect and can be enforced by a chancellor pursuant to § 440.24 . . . In his opinion, Justice Ervin stated: “Section 440.34(1) should be read in connection with Section 440.24 . . . Thus Section 440.34(1) in its broad terms read in connection with Section 440.24(1) authorizes a circuit . . .
. . . Sec. 440.24, F.S.A., a part of the workmen’s compensation act, which gives the Circuit Court jurisdiction . . . that the attorneys would come under the clause “any beneficiary under such order”, as used in Section 440.24 . . . the Circuit Court for enforcement of any compensation order was first permitted by amendment of Sec. 440.24 . . .
. . . (Section 440.24, Florida Statutes) Also, it cannot punish for a contempt committed before it but may . . .
. . . Sec. 440.24(1) F.S.A., sought a rule nisi in the Circuit Court to enforce an order of the Florida Industrial . . . Section 440.34(1) should be read in connection with Section 440.24(1), which latter section authorizes . . . Thus Section 440.34(1) in its broad terms read in connection with Section 440.24(1) authorizes a circuit . . .
. . . The ap-pellee then, pursuant to § 440.24, Fla.Stat., F.S.A., applied to the circuit court for a rule . . . Secondly, there was no authority in the circuit court under § 440.24(1) to award attorney’s fees in a . . . Section 440.27(1), Fla.Stat, F.S.A., provides that orders of the full commission entered pursuant to § 440.24 . . . for the award of attorney’s fees, attorney’s fees would not be permissible in a proceeding under § 440.24 . . . Section 440.24(1). . . .
. . . carrier seeks review of an order entered by a chancellor, pursuant to proceedings instituted under § 440.24 . . . Thereafter, the appellee filed a petition pursuant to the provisions of § 440.24, Fla.Stat., F.S.A., . . . , it is necessary that we determine the authority vested in the chancellor under the provision of § 440.24 . . . chancellor, pursuant to the jurisdiction and authority vested in him [pursuant to the provisions of § 440.24 . . .
. . . This action was commenced by appellee-plaintiff pursuant to § 440.24, F.S.A., to enforce payment of compensation . . .
. . . the respondent in a proceeding instituted by the appellee as petitioner, under the provisions of § 440.24 . . . As to the second, once again the Statute [§ 440.24(1)] itself makes it clear that there is no obligation . . . The claimant having clearly abid-ed by the terms of § 440.24(1), supra, and no error having been made . . .
. . . Subsequently Johnson proceeded in the Circuit Court under Section 440.24, Florida Statutes, F.S.A., to . . . issuance of such a writ to prohibit the Circuit Judge and other respondents from proceeding under Section 440.24 . . .
. . . . § 440.24, a motion which averred that the award of the deputy commissioner had become final on September . . .
. . . Ample proof of this- quality may be found in paragraph (3) of Sec. 440.24, as it appears in Sec. 7 of . . .
. . . submit plans for the disposition of the remainder of $14,-207.681.43 in Account 107 of the $1,108,-440.24 . . .
. . . Sheinman credit for the $1,950 paid to the debtor in possession and required him to turn over only $440.24 . . .