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Plummer v. Special Indemnity Fund6/16/1998
Mandate Issued: October 1, 1998
Court of Appeals of Oklahoma
WILLIAM L. PLUMMER, Petitioner, v. SPECIAL INDEMNITY FUND and FOR PUBLICATION THE WORKERS' COMPENSATION COURT, Respondents.
ORIGINAL PROCEEDING TO REVIEW ORDER OF THE WORKERS' COMPENSATION COURT THREE-JUDGE judges
Honorable Kenton W. Fulton, Trial Judge
VACATED AND REMANDED WITH DIRECTIONS
This is a proceeding to review an order of a Workers' Compensation Court three-Judge panel affirming the trial court's order directing the Special Indemnity Fund to pay postjudgment interest on an unpaid award of permanent partial disability benefits. The claimant contends the trial court erred as a matter of law in failing to calculate postjudgment interest pursuant to the applicable statute in effect on the date the Fund was ordered to pay interest. Based upon our review of the record and applicable law, we vacate the order and remand the matter with directions.
I.
On September 14, 1994, the Workers' Compensation Court filed an order granting claimant William L. Plummer benefits from the Special Indemnity Fund for a material increase in permanent disability caused by the combination of an injury he sustained in 1990 with his previous disabilities. The claimant filed a Form 9 May 3, 1995, seeking " enalty, interest, and other relief for failure to timely pay Court order."
On October 17, 1996, the trial court found that "no payment on said award has been made by the Special Indemnity Fund." The court ordered " hat pursuant to 85 O.S. Section 42 the Special Indemnity Fund is ordered to pay interest at the rate provided by the statute from the date ordered paid by the Court until the date of satisfaction."
The Fund paid one-half of the award in December 1996, and the other one-half in February 1997, including postjudgment interest of $1,949.96. The claimant filed a Form 13 Request for Prehearing Conference March 14, 1997, seeking Settlement of Journal Entry of Judgment.
The trial court held a hearing May 1, 1997, to determine the applicable amount of postjudgment interest to be paid by the Fund. The claimant argued the statutory rate of interest in effect on the date of the order to pay controls. The statute in effect on September 14, 1994, was 85 O.S.1991, § 42(A), which states in relevant part: "Any compensation awarded and all payments thereof directed to be made by order of the Court shall bear interest at the rate of eighteen percent (18%) per year from the date ordered paid by the Court until the date of satisfaction." Thus, the claimant contended the "interest owing should have been $4,106.06 herefore there is a balance due of $2,156.10."
The Fund argued that postjudgment interest must be calculated on a fluctuating annual basis pursuant to an amendment to § 42, effective November 4, 1994, which states:
Compensation ordered to be paid from the Special Indemnity Fund shall bear interest at the rate of interest applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes from the date of the award. Any award from the Special Indemnity Fund prior to the effective date of this act [November 4, 1994] shall bear interest at the rate of interest applicable to judgments in civil cases pursuant to Section 727 of Title 12 of the Oklahoma Statutes from the effective date of this act. (Emphasis added)(footnote omitted).
For support, the Fund cited Fleming v. Baptist General Convention, 1987 OK 54, 742 P.2d 1087, and Burwell v. Oklahoma Farm Bureau Mutual Insurance Company, 1995 OK CIV APP 50, 896 P.2d 1195. The trial court took the
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