ORANGE COUNTY, FLORIDA AND ALTERNATIVE SERVICE CONCEPTS, INC., APPELLANTS,
v.
THEDORA WILLIS, APPELLEE
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In this workers' compensation case, the Florida appellate court reversed a judge's order awarding attorney's fees to the claimant's attorney for securing payment of doctor's bills. The court held that the billing dispute fell within the exclusive jurisdiction of the Agency for Health Care Administration, not the workers' compensation judge, and that the claimant lacked standing to enforce payment of the bills.
The court held that the Judge of Compensation Claims lacked jurisdiction to award attorney's fees because the claim for payment of bills was a reimbursement dispute falling within the exclusive jurisdiction of the Agency for Health Care Administration. Additionally, the claimant did not have standing to enforce payment of the doctor's bill, and because the attorney's fee proceeding was ancillary to the reimbursement dispute, the JCC's order awarding attorney's fees was reversed.
“The claim for payment of bills was a reimbursement dispute, as that term is statutorily defined.”
Establishes the legal classification that determined jurisdiction over the matter.
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Join FLexlaw to unlock all legal intelligenceDuring the claimant's treatment with Dr. Hanley, an authorized treating provider, the employer/carrier fell behind on making payments for bills that h…
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BROWNING, C.J.
In this workers’ compensation appeal, the employer/carrier (E/C) challenge the Judge of Compensation Claims’ (JCC) order requiring them to pay Claimant’s attorney’s fees for securing payment of several doctor’s bills. We reverse.
During the course of Claimant’s treatment with Dr. Hanley, an authorized treating provider, the carrier fell behind on making payments to the doctor. The bills were for treatment that had already been rendered, and there was no danger of Claimant’s losing access to care. The only evidence was that the E/C’s failure to pay the bills was merely a “mix-up.” Nonetheless, rather than contact the E/C, Claimant’s attorney filed a petition for benefits seeking payment of the bills.
The claim for payment of bills was a reimbursement dispute, as that term is statutorily defined. See § 440.13(l)(r), Fla. Stat. (2006). Consequently, resolution of the claim was within the exclusive jurisdiction of the Agency for Health Care Administration. See § 440.13(11)(c), Fla. Stat. (2006); Avalon Ctr. v. Hardaway, 967 So. 2d 268 (Fla. 1st DCA 2007). Moreover, Claimant here did not have standing to enforce payment of the doctor’s bill. See Hardaway, at 274. As the attorney’s fee proceeding is ancillary to the reimbursement dispute proceeding, and the JCC has no jurisdiction to address the motion, the JCC’s order awarding attorney’s fees is REVERSED.
WOLF and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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J.B.D. Brother's & Masonry, Inc. v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010)…failure to pay medical bills submitted to it by an authorized physician are subject to the exclusive jurisdiction of the Agency for Health Care Administration, not the JCC. See § 440.13(l)(r) and (ll)(c), Fla. Stat. (2008); Orange County v. Willis, 996 So. 2d 870, 871 (Fla. 1st DCA 2008); Avalon Center v. Hardaway, 967 So. 2d 268, 271-73 (Fla. 1st DCA 2007). Moreover, Claimant has no standing to seek payment of a bill on behalf of a health care provider because he is not responsible for paying the bill and t…
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Marine Max, Inc. v. Blair, 268 So. 3d 839 (Fla. 1st DCA 2019)…DFS “has exclusive jurisdiction to decide any matters concerning reimbursement”); see also Cook v. Palm Beach Cty. Sch. Bd., 51 So. 3d 619, 620 (Fla. 1st DCA 2011) (holding JCCs lack jurisdiction over payment disputes); Orange County v. Willis, 996 So. 2d 870, 871 (Fla. 1st DCA 2008) (holding claimant “did not have standing to enforce payment of the doctor’s bill”). Moreover, even if the JCC could resolve payment disputes, it could not compel prepayment, which chapter 440 does not contemplate for medi…
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The Avalon Ctr. & N. Am. Risk Servs. v. Hardaway, 994 So. 2d 388 (Fla. 1st DCA 2008)…PER CURIAM. REVERSED. See Orange County, Fla. & Alternative Serv. Concepts, Inc. v. Willis, 1D07-4552, 996 So. 2d 870, 2008 WL 4362397 (Fla. 1st DCA Sept. 26, 2008). WOLF, DAVIS, and ROBERTS, JJ., concur.…
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- The Avalon Ctr. & Unisource Administrators v. Hardaway, 967 So. 2d 268 (Fla. 1st DCA 2007)