VENICE HOSPITAL AND ALL RISK CORPORATION OF FLORIDA, APPELLANTS,
v.
CHRISTINE NELSON, APPELLEE
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The court dismissed an appeal from a workers' compensation order awarding temporary total disability benefits because the order was interlocutory, as it explicitly reserved jurisdiction to determine average weekly wage, a matured issue that should have been resolved.
An order in a workers' compensation case that awards temporary total disability benefits but reserves jurisdiction to determine average weekly wage is interlocutory and not reviewable by appeal.
[1] An order in a workers' compensation case that awards benefits but explicitly reserves jurisdiction over a matured issue is interlocutory and not subject to appellate revi…
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Join FLexlaw to unlock all legal intelligenceThe employer/carrier appealed an order of the deputy commissioner awarding temporary total disability benefits to the employee, but the order explicit…
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PER CURIAM.
In this workers’ compensation case the employer/carrier seeks review of an order of the deputy commissioner which does not dispose of all matured issues in the case. Although the order awards temporary total disability benefits, it explicitly reserves jurisdiction to determine the average weekly wage. The issue of average weekly wage was ripe for determination.
Thus, the order does not resolve all matured issues in controversy and is therefore an interlocutory order not reviewable by appeal. Southern Wine & Spirits, Inc. v. Hernandez, 442 So. 2d 1061 (Fla. 1st DCA 1983); Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Davis v. Hunt, 432 So. 2d 650 (Fla. 1st DCA 1983); La Croix Construction Co. v. Bush, 431 So. 2d 712 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); Crown Hotel v. Friedman, 420 So. 2d 418 (Fla. 1st DCA 1982); Mills Electrical Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982), rev. denied, 429 So. 2d 6 (Fla. 1983); State Department of Health and Rehabilitative Services v. Waters, 416 So. 2d 903 (Fla. 1st DCA 1982); General Electric Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982); Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982).
Accordingly, this appeal is dismissed sua sponte. Such dismissal shall not preclude subsequent review upon appeal from a final order. SHIVERS, JOANOS and THOMPSON, JJ., concur.
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Cited By
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Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)…ate of the final hearing, the entire claim was ripe for review at the time of the April 6 hearing. The JCC’s reservation of jurisdiction as to that portion of the claim after the hearing renders the order nonfinal. See, e.g., Venice Hosp. v. Nelson, 445 So. 2d 621, 622 (Fla. 1st DCA 1984) (“[T]he order does not resolve all matured issues in controversy and is therefore an interlocutory order not reviewable by appeal.”).* APPEAL DISMISSED. BARFIELD and DAVIS, JJ., concur. * Appellee’s attempted "concession…
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Nape v. Mark V Constr., 696 So. 2d 1233 (Fla. 1st DCA 1997)…70 So. 2d 1141, 1143 (Fla. 1st DCA 1996)(Reservation of jurisdiction to decide whether temporary total disability benefits [*1235] accrued after the date of the final hearing rendered the order nonfinal and not appeal-able.); Venice Hosp. v. Nelson, 445 So. 2d 621, 622 (Fla. 1st DCA 1984)(Order awarding temporary total disability benefits but reserving jurisdiction to determine average weekly wage did not resolve all matured issues in controversy and was, therefore, an interlocutory order not reviewable by ap…
Authorities Cited (13 total)
- The Wash House & S.C. Ins. Co. v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982)
- Seidlin v. State, 426 So. 2d 1312 (Fla. 4th DCA 1983)
- Mills Elec. Contractors & Old Republic Ins. Co. v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982)
- The Crown Hotel & Kent Ins. Co. v. Friedman, 420 So. 2d 418 (Fla. 1st DCA 1982)
- Gen. Elec. Co. & Elec. Mut. Liab. Ins. Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982)
- Cast Crete Corp. & R. P. Hewitt & Assocs. v. Turner, 413 So. 2d 836 (Fla. 1st DCA 1982)
- S. Wine & Spirits, Inc. v. Felipe Hernandez and the Division of Workers' Compensation, 442 So. 2d 1061 (Fla. 1st DCA 1983)
- Wood v. State, 431 So. 2d 712 (Fla. 1st DCA 1983)
- State v. Waters, 416 So. 2d 903 (Fla. 1st DCA 1982)
- Osceola Cnty. Comm'rs & U. S. Fid. & Guar. Co. v. Enos Thomas, 416 So. 2d 903 (Fla. 1st DCA 1982)