Smith v. Time Customer Services
132 So. 3d 841
Fla. Dist. Ct. App.2013Background
- Claimant sustained a lumbar spine injury from repetitive lifting; Employer/Carrier (E/C) accepted the claim and authorized medical care.
- On October 19, 2010, Dr. George Sidhom prescribed an orthopedic mattress and, the same date, a Sleep Number mattress/base for the lumbar condition.
- January 26, 2011, Claimant filed a petition (PFB) for the orthopedic mattress; March 8, 2011 mediation resulted in E/C agreement to provide the orthopedic mattress.
- April 18, 2011, Claimant filed a PFB for the Sleep Number mattress; a final PTD hearing occurred May 25, 2011, with adjudication on the Sleep Number claim reserved in June 2011.
- November 1, 2011, Claimant voluntarily dismissed the April 2011 Sleep Number PFB; February 13, 2012, this court affirmed the June 2011 PTD order; February 21, 2012, a Sleep Number prescription was renewed and a March 7, 2012 PFB filed for that benefit.
- March 22, 2012, E/C moved for summary final order to dismiss the March 7, 2012 PFB as barred by res judicata; April 9, 2012, JCC granted summary final order dismissing the petition with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary final order was proper given res judicata issues | Claimant argues unresolved facts preclude summary disposal; new prescription supports a distinct claim. | E/C contends res judicata bars March 7, 2012 PFB as same underlying theory/claim. | Reversed and remanded for further proceedings. |
Key Cases Cited
- Thomas v. Eckerd Drugs, 987 So.2d 1262 (Fla.1st DCA 2008) (de novo standard for summary judgment review)
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla.2000) (when evidence allows competing inferences, issues go to trier of fact)
- Begley’s Cleaning Serv. v. Costa, 913 So.2d 1244 (Fla.1st DCA 2005) (summary final order when no genuine issues of material fact)
- Costa, 913 So.2d 1245 (Fla.1st DCA 2005) (guide to evaluating dispositive issue and record review)
- Gordon v. Gordon, 59 So.2d 40 (Fla.1952) (res judicata requires identity of thing, cause, parties, and quality)