157 So. 3d 397
Fla. Dist. Ct. App.2015Background
- Claimant injured his back at work in October 2010; E/C accepted compensability and authorized treatment with Dr. Lenard.
- Claimant later had a non-work motor-vehicle accident; Dr. Lenard advised that the compensable injury was no longer the major contributing cause and E/C denied further MRI/treatment.
- Claimant filed two petitions for benefits (PFBs) and separately moved for a $2,000 advance payment under § 440.20(12)(c).
- The JCC held an evidentiary hearing and entered an order on December 18, 2013 denying the advance; Claimant did not appeal that order within 30 days.
- On April 30, 2014 the JCC entered a final compensation order denying the PFB claims; Claimant filed a notice of appeal on May 13, 2014 seeking review of both orders.
- The court affirmed the final compensation order but dismissed the appeal as to the advance because the court concluded it lacked jurisdiction to review the earlier order (it was final for appellate purposes and not timely appealed).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the JCC order denying the $2,000 advance was appealable after the final merits order | The advance order was non-final and reviewable on appeal from the later final merits order because judicial labor had not ended | The order denying the advance is final and was not timely appealed, depriving the court of jurisdiction | The advance order is final for appellate purposes; appeal dismissed as untimely |
| Whether the court can review other claims in the final compensation order | (Implicit) Claimant sought review of merits denial in the May 13, 2014 appeal | E/C did not contest appellate jurisdiction over the final compensation order | Court had jurisdiction over the April 30, 2014 final compensation order and affirmed it |
Key Cases Cited
- Rance v. D.R. Horton, Inc., 953 So. 2d 622 (Fla. 1st DCA 2007) (untimely notice of appeal deprives court of jurisdiction)
- Salvation Army v. Leon, 75 So. 3d 750 (Fla. 1st DCA 2011) (order awarding an advance is a final order)
- Bonner v. Miami Dade Public Schools, 148 So. 3d 152 (Fla. 1st DCA 2014) (treated order denying advance as final and reversed)
- Lopez v. Allied Aerofoam/Specialty Risk Servs., 48 So. 3d 888 (Fla. 1st DCA 2010) (advances are stopgap relief and do not require proof of compensability)
- Ake v. U.S. Sugar Corp., 112 So. 3d 171 (Fla. 1st DCA 2013) (in workers’ compensation, an order deciding all issues then ripe is final even if other claims remain)
- Polk County v. Sofka, 702 So. 2d 1243 (Fla. 1997) (parties cannot confer jurisdiction by agreement)
- Dep’t of Revenue v. Groman, 46 So. 3d 1058 (Fla. 1st DCA 2010) (nonfinal orders may be reviewed on appeal from a final order)
- Bradley v. Hurricane Rest., 652 So. 2d 443 (Fla. 1st DCA 1995) (orders resolving all issues ripe at emergency hearings are final)