Cases

Claimant failed to pay costs awarded to the employer/carrier following claimant's unsuccessful attempt to obtain benefits.  Employer/carrier filed Motion to Certify Facts to the Circuit Court because of such failure pursuant to Section 440.33(2), Florida Statutes.  JCC denied motion and this appeal taken.

Resolution of this issue required statutory interpretation, thus review is considered on a de novo basis.  Court in applying the rule of statutory construction "expressio unius est exclusio alterius" determined that the mention of one thing implies the exclusion of another supported the judge's conclusion that the legislature did not intend enforcement of cost awards be resolved through the certification of this issue to the circuit court.  Claimant's failure to pay as directed by the final order, without more, was not intended by the legislature to be conduct addressed through application of this statutory provision.  This statutory provision only related to contempt proceedings used to ensure the orderly conduct of a hearing, not to enforce final orders of the JCC.  A JCC only has those powers conferred by Chapter 440.