RAYMOND STRACK, APPELLANT,
v.
EXECUTIVE MOTORS, INC. AND AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, APPELLEES
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The appellate court reversed the deputy commissioner's order, finding that the deputy lacked jurisdiction to tax appellate costs due to an untimely motion and that the attorney's fee award was insufficient. The court also addressed the claimant's cross-appeal regarding the inclusion of time spent on a prior appeal.
The court held that the deputy commissioner erred in taxing appellate costs because the motion was untimely and reversed the attorney's fee award, finding it insufficient, while also addressing the claimant's cross-appeal regarding the inclusion of prior appellate work.
[1] A workers' compensation claim remains pending until withdrawn by the claimant or acted upon by the Commission or employer, and the passage of time does not terminate its…
[2] A deputy commissioner errs by failing to address a previously filed and pending workers' compensation claim.
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Join FLexlaw to unlock all legal intelligenceFollowing a remand, a deputy commissioner awarded benefits and retained jurisdiction for attorney's fees. The claimant sought fees, including time spe…
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PER CURIAM.
This cause is before us on appeal from a workers’ compensation order which barred appellant’s claim on the basis of the statute of limitations provisions of Sections 440.-15(3)(b), 440.185(10), and 440.20(4), Florida Statutes. We reverse.
On October 1,1981, an order was entered by the Deputy Commissioner Rosemary Usher Jones finding appellant permanently partially disabled and awarding wage-loss benefits. On December 29, 1981, another claim for wage-loss benefits was filed, and hearings were held before Deputy Commissioner Jones on July 19 and 21, 1982. However, no final order was ever entered on that claim.
On October 11, 1984, appellant filed for wage-loss benefits from November 1, 1981 to the present. The claim was controverted on several grounds, including the statute of limitations. At the hearing on September 4,1985, a new deputy commissioner stated that the transcripts and/or tapes of the hearings before Deputy Commissioner Jones relative to the December 29, 1981 claim could not be located. Without further reference to that claim and its unre solved status, an order was entered on January 3, 1986, barring appellant’s latest claim (October 11, 1984) on the basis of the statute of limitations provision of Sections 440.15(3)(b), 440.185(10), and 440.20(4), Florida Statutes.
We find error in the deputy’s failure to address the claim pending since December 29, 1981, and in the dismissal of the October 11, 1984 claim. Once a claim is filed, it remains pending until withdrawn by claimant or acted upon by motion of either the Commission or the employer; the passage of time does not in and of itself terminate the pendency of a proceeding. Turner v. Keller Kitchen Cabinets, Southern, Inc., 247 So. 2d 35, 40 (Fla.1971).
We find the December 29, 1981 claim to remain pending, and we remand to the Commission for resolution of that claim. Additionally, we find the order to be premature as it relates to the October 11,1984 claim, and vacate it without prejudice.
REVERSED and REMANDED.
BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Airey v. Wal-Mart/Sedgwick, 24 So. 3d 1264 (Fla. 1st DCA 2009)…lf terminate the pen-dency of a proceeding.’ ” Turner v. Keller Kitchen Cabinets, S., Inc., 247 So. 2d 35, 40 (Fla.1971) (quoting from Munsinger v. Edge, 1 F.C.R. 103, cert. denied, 85 So. 2d 757 (Fla.1955)). Accord Strack v. Executive Motors, Inc., 500 So. 2d 703, 704 (Fla. 1st DCA 1987) (citing Turner). There is, likewise, no dispute about the fact that the petition remained pending, and that claimant had not received the benefits sought. Accordingly, as a matter of law, the statute of limitations remained…
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Towers v. Klein, 573 So. 2d 154 (Fla. 1st DCA 1991)…dge found that claims filed in 1983 and 1984, which were neither dismissed nor adjudicated, remained pending. Employer/carrier do not dispute this ruling, acknowledging that it is in accordance with decisions such as Strack v. Executive Motors Inc., 500 So. 2d 703 (Fla. 1st DCA 1987), and Turner v. Keller Kitchen Cabinets, Southern Inc., 247 So. 2d 35 (Fla.1971). Employer/carrier do contest the judge’s further finding that the pending claims “are the subject matter of this proceeding,” and the apparent conclu…
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Executive Motors, Inc. v. Strack, 527 So. 2d 286 (Fla. 1st DCA 1988)…commissioner’s order dismissing a claim for wage-loss benefits on the basis that it was barred by the statute of limitations. The matter was appealed to this Court which reversed the order and remanded the cause in Struck v. Executive Motors, Inc., 500 So. 2d 703 (Fla. 1st DCA 1987). The mandate was issued by this Court on January 22, 1987. On remand, the deputy held a hearing and ultimately entered an order on August 19, 1987, awarding benefits and medical care, and retaining jurisdiction for the purpose o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joffre E. Turner v. Keller Kitchen Cabinets, 247 So. 2d 35 (Fla. 1971)