JOHN ZAHORIAN, JR., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION & DIVISION OF RISK MANAGEMENT, APPELLEES
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A workers' compensation claimant appealed a deputy commissioner's order denying temporary benefits and wage loss claims following a January 1982 workplace accident. The court affirmed the denial, finding it supported by competent substantial evidence and addressing a potential procedural defect regarding the timeliness of the appeal.
The court affirmed the denial of temporary benefits and wage loss, finding the amended order effectively vacated and re-entered the original September 27 order within the required period, making the appeal timely. The court also held that the denial was supported by competent substantial evidence and the deputy commissioner's implicit finding that the claimant suffered no permanent aggravation of his prior injury was properly supported.
[1] A motion for rehearing does not toll the time for taking an appeal in workers' compensation cases.
[2] A deputy commissioner may effectively vacate and re-enter an order within the period before the order becomes final by issuing an amended order that incorporates prior pr…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A motion for rehearing does not toll the time for taking an appeal in workers' compensation cases.”
Establishes the general rule that procedural motions do not extend the appeal deadline in workers' compensation matters.
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Join FLexlaw to unlock all legal intelligenceThe claimant was injured in a January 1982 accident. A deputy commissioner initially entered an order on September 27, 1982, denying temporary benefit…
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WENTWORTH, Judge.
The deputy commissioner entered an order on September 27, 1982, denying appellant’s claim for temporary benefits and wage loss but awarding travel expenses and costs. Both parties filed petitions for reconsideration, and the deputy entered an amended order on October 26, 1982, in which he found that all travel expenses had been properly paid. He therefore deleted the awards for travel expenses and costs from the September 27 order. The claimant filed his notice of appeal on November 23,1982, and challenges only matters covered by the original order.
We note, sua sponte, a question as to timeliness of the appeal, because a motion for rehearing does not toll the time for taking an appeal in workers’ compensation cases. Jacksonville Paper Co. v. Nolan, 80 So. 2d 454 (Fla.1955).
A deputy commissioner may, however, withdraw an order at any time before an appeal is filed within the thirty days before the order becomes final. Phillips v. Redtop Sedan, IRC Order 2-3284 (1976).
Although in this case the deputy did not in literal terms withdraw the September order, we find that within the requisite period he effectively vacated and re-entered his former order by providing in the amended order that “[a]ll other portions of the Order of September 27, 1982, are incorporated by specific reference and made a part hereof.” For the foregoing reasons, we have considered the merits of claimant’s appeal as addressed to the latter order.
We find that the denial of appellant’s claim for wage loss benefits is supported by competent substantial evidence, as is the implicit finding that claimant suffered no permanent aggravation of his prior injury as a result of the January 1982 accident.
Affirmed.
BOOTH and THOMPSON, JJ., concur.
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William N. Taylor, M.D. v. Dep't of Prof'l Reg., 493 So. 2d 498 (Fla. 1st DCA 1986)…y changed would be treated as the final order from which an appeal on the merits could be-taken, even though the notice of appeal was filed more than thirty days after the filing of the original final order. Zahorian v. Department of Transportation, 436 So. 2d 355 (Fla. 1st DCA 1983). I see no substantial reason why the same result should not obtain in the instant case based on the principle that when legislative authority to render a judgment is clearly present, there is inherent authority to correct an erro…
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The Southland Corp. & Kemper Ins. Grp. v. Farris, 576 So. 2d 886 (Fla. 1st DCA 1991)…ays after the mailing of copies of such order to the parties.... [A] Judge of Compensation Claims can withdraw an order at anytime before an appeal is filed within the 30 days before the order becomes final. Zahorian v. Department of Transportation, 436 So. 2d 355 (Fla. 1st DCA 1983) [or] ... before the order becomes final, to correct errors arising from inadvertence, mistake or excusable neglect.…
Authorities Cited
- Jacksonville Paper Co. v. Nolan, 80 So. 2d 454 (Fla. 1955)