HOBOKEN DRYWALL COMPANY AND COMMERCIAL UNION INSURANCE COMPANY, APPELLANTS,
v.
JESSE ALLEN TELFAIR, APPELLEE
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PER CURIAM.
The employer/carrier seek to appeal a non-final order granting claimant’s motion for change of venue from Broward to Leon County. We treat the appeal as a petition for writ of certiorari and accept jurisdiction under rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure. Mills Electric Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982); Early Bird Stud Farm v. Decker, 416 So. 2d 860 (Fla. 1st DCA 1982).
Our review shows that the alleged injury occurred in Broward County, that the employer/carrier did not receive notice of the claim or the motion for change of venue and did not agree to the change. Section 440.25(3)(b), Florida Statutes (1981), provides that the claim hearing “shall be held in the county where the injury occurred, if the same occurred in this state, unless otherwise agreed to between the parties and authorized by the deputy commissioner in the county where the injury occurred.” The order granting the requested change of venue without the agreement of both parties was error. REVERSED and REMANDED for proceedings consistent with this opinion.
SHIVERS, SHAW and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE, 616 So. 2d 132 (Fla. 1st DCA 1993)…ere not reviewable, Butler Constr. v. Walker, 524 So. 2d 691 (Fla. 1st DCA 1988). Similarly, under that standard, we had held that orders transferring venue of cases were generally reviewa [*136] ble. Lockheed, supra; Hoboken Drywall Co. v. Telfair, 417 So. 2d 1169 (Fla. 1st DCA 1982); Riley-Stokes v. Pearson, 508 So. 2d 1297 (Fla. 1st DCA 1987). Orders which determine compensability and coverage were not reviewable. ESI v. Taylor, supra; Ralston Purina v. Tancak, 508 So. 2d 549 (Fla. 1st DCA 1987); J.L. Manta…
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Lockheed Space Operations & Aetna Life & Cas. Co. v. Ninh Pham, 600 So. 2d 1261 (Fla. 1st DCA 1992)…Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982). Rather, proper review of a venue order in a workers’ compensation case has been by petition for writ of certiorari, and we will treat the E/C’s appeal as such a petition. Hoboken Drywall Co. v. Telfair, 417 So. 2d 1169 (Fla. 1st DCA 1982); Riley-Stoker v. Pearson, 508 So. 2d 1297 (Fla. 1st DCA 1987).1 We find that the petition for certiorari should be granted, and accordingly we vacate the order of the JCC. This case has a distinct procedural history, and some com…
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Riley-Stoker & Cigna v. Pearson, 508 So. 2d 1297 (Fla. 1st DCA 1987)…to one final hearing in Tampa his two claims against petitioners pending in District E with his two prior claims against other parties pending in District D. We have jurisdiction to grant the writ and quash the order. Hoboken Drywall Co. v. Telfair, 417 So. 2d 1169 (Fla. 1st DCA 1982). Claimant, while employed as a boilermaker by Tompkins-Beckwith in September 1979, and while similarly employed by Lakeland Construction Company in May 1981, was exposed to toxic welding fumes which he claims caused organic brai…1 / 2
Authorities Cited
- Mills Elec. Contractors & Old Republic Ins. Co. v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982)
- Early Bird Stud Farm & Corporate Grp. Serv. v. Decker, 416 So. 2d 860 (Fla. 1st DCA 1982)