Deborah O'Connor v. North Okaloosa Medical Center, 152 So. 3d 843

Claimant sustained a compensable right-hand injury in 2004, diagnosed as complex regional pain syndrome; the employer/carrier (E/C) provided extensive authorized treatment.
On January 14, 2011 Claimant’s authorized anesthesiologist placed her at maximum medical improvement (MMI) and opined she was unable to work; E/C suspended temporary disability benefits accordingly.
Claimant filed a petition for permanent total disability (PTD) in September 2011, alleging MMI as of January 14, 2011; both parties stipulated to that MMI date in the pretrial stipulation.
On March 1, 2012 the JCC entered an order denying Claimant’s PTD claim "without prejudice," finding the PTD claim premature (the JCC nonetheless found Claimant totally disabled as of January 14, 2011). That prior order was not appealed.
Claimant then sought temporary total disability (TTD) benefits for the period beginning January 14, 2011. The E/C argued res judicata barred TTD for January 14, 2011–February 14, 2012 (the date of the prior hearing).
The JCC applied res judicata and denied TTD for that earlier period but awarded TTD from February 15, 2012 through September 19, 2012 (when Claimant reached MMI). Claimant appealed the portion denying earlier TTD.

Issue	O'Connor's Argument	E/C's Argument	Held
Whether res judicata barred Claimant’s TTD claim for 1/14/2011–2/14/2012	Prior PTD order was not a final adjudication on the merits and was expressly "without prejudice," so res judicata does not apply	Claimant could have pled TTD alternatively in the prior proceeding; the prior order should bar the subsequent TTD claim	Reversed: res judicata does not apply where prior order denied PTD without prejudice and no final adjudication on the merits existed; JCC erred in barring earlier TTD

Felder v. Fla. Dep’t of Mgmt. Servs., 993 So. 2d 1031 (Fla. 1st DCA 2008) (standard of review for res judicata rulings)
Buena Vista Constr. Co. v. Capps, 656 So. 2d 1378 (Fla. 1st DCA 1995) (res judicata can apply in workers’ compensation)
Caron v. Systematic Air Servs., 576 So. 2d 372 (Fla. 1st DCA 1991) (final judgment bars litigated issues only when elements satisfied)
Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006) (final judgment requirement for res judicata)
Smith v. Time Customer Servs., 132 So. 3d 841 (Fla. 1st DCA 2013) (res judicata principles)
Shuck v. Bank of Am., N.A., 862 So. 2d 20 (Fla. 2d DCA 2003) (dismissal of a prematurely filed claim does not bar a subsequent action)