Wednesday, November 16, 2016

Appeal to stop award for interest fails due to appellate rules

William Scott v Saladino Mechanical and Cincinnati Ins. Co.
WD 79516  (Nov. 15, 2016)

The employer disputed paying interest on a permanent total award.  The court found the employer prematurely and without jurisdiction tried to stop enforcement of the award through circuit court.

The case arose from a 2007 accident.  The ALJ awarded permanent total with open medical and awarded past medical with a proviso "any past due compensation shall bear interest as provided by law."  The Commission affirmed the award.  The employer did not appeal further.

The employer  paid the award but refused to pay any interest.  The employee registered the judgment in circuit court and the judgment was not appealed further.  The circuit court denied by "order" that the judgment was enforceable and not  too vague.

The court concluded the appeal was filed out of time, does not meet the foundation requirements of Rule 76.25 which requires proof of a levy (there had been no actual attempt at enforcement), and the "order" does not meet the foundation requirements of a "judgment" as required by Rule 74.01(a).

The decision never delineates the dollars of interest in dispute behind a collateral attack on appeal.