JCC Grants Interest But Denies Penalties on Reissued Impairment Check

In Wilcox v. Tree Farms Inc. DBA Cornerstone Solution Group/Gallagher Bassett Services, Inc., OJCC Case No. 25-021536BJA, the claimant sought impairment income benefits, penalties, interest, costs, and attorney fees after one impairment-benefit check was later reissued.

Judge Brian J. Anthony found the original impairment checks were timely issued after the carrier received the September 29, 2025 MMI date and 3% impairment rating. The order denied further impairment benefits as moot and denied penalties, finding any delay in reissuing the first check resulted from circumstances outside the employer/carrier control after the adjuster repeatedly sought clarification and acted promptly once the stop-payment notice reached her.

The JCC nevertheless awarded statutory interest on the March 11, 2026 reissued check for the September 30 through October 13, 2025 period, applying Pupo because the interest statute lacks the no-control exception that applies to penalties. The order also awarded costs and attorney fees for the benefits secured, reserving jurisdiction on amount if the parties cannot agree.

Source: Compensation Order