XTRA SUPER FOOD CENTER AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
LUIS CARMONA, DECEASED, AND TERESITA CARMONA, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Xtra Super Food Center and its workers' compensation insurance carrier appealed a deputy commissioner's order awarding Luis Carmona temporary disability benefits and medical costs for a work-related head trauma. The court affirmed the award but struck language in the order about the employee's death, finding that issue was not ripe for determination at the time of the hearing.
The court affirmed that competent, substantial evidence supports the finding that the head trauma aggravated the preexisting condition and caused disability. However, the court struck references in the order determining the cause of death or acceleration of death, finding that issue was not ripe for determination at the time of the hearing and could be litigated separately in a claim for death benefits if filed.
[1] A deceased person cannot be a party to a judicial or quasi-judicial proceeding, and a representative should be appointed to act on behalf of a deceased claimant's pending…
[2] A court may treat an amendment to the style of a final order as a substitution of parties in the interest of conserving judicial time and energy, even if a formal order o…
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“Since deceased persons cannot be parties to a judicial or quasi-judicial proceeding, the deputy commissioner, upon receipt of notice of claimant's death, should have entered an order appointing some other person to serve in a representative capacity in respect to claimant's pending claim.”
Establishes the procedural requirement that a deceased person's representative must be formally substituted in workers' compensation proceedings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLuis Carmona suffered head trauma on August 31, 1985, in a workplace incident. He had a preexisting brain lesion. The deputy commissioner found the he…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Substitution Of Parties cases and more on FLexlaw
ZEHMER, Judge.
The employer and carrier appeal a workers’ compensation order granting Luis Car-mona temporary partial and temporary total disability benefits, payment of certain medical bills and attendant care, and other costs. We affirm the order as hereinafter modified.
The original claimant, Luis Carmona, died after the conclusion of the final hearing and before entry of the final order. At a hearing on the motion by claimant’s counsel for substitution of claimant’s wife, Ter-esita Carmona, as representative for the deceased claimant, the deputy commissioner allowed counsel for the employer and carrier to take her deposition before ruling on the motion. The deposition has not been filed of record, and no further order has been entered by the deputy commissioner on the motion to substitute Teresita Carmo-na. The final order entered by the deputy, however, is styled “Luis Carmona, deceased/claimant, and Teresita Carmona, claimant/widow v. Xtra Super Food Center and Travelers Insurance Co., employer/carrier.” Since deceased persons cannot be parties to a judicial or quasi-judicial proceeding, the deputy commissioner, upon receipt of notice of claimant’s death, should have entered an order appointing some other person to serve in a representative capacity in respect to claimant’s pending claim. Although no such order was formally entered in this case, in the interest of conserving judicial time and energy, we treat the deputy commissioner’s amendment of the style in the final order as a determination that claimant’s wife should be substituted for the deceased claimant as the proper party to this action.
The first issue raised on appeal is whether the record contains competent, substantial evidence to support the deputy commissioner’s finding that the head trauma suffered by claimant aggravated his preexisting brain lesion and produced an onset of disabling symptoms and accelerated growth of the tumor. After carefully reviewing the record, we find sufficient evidence to require affirmance on this issue.
The second issue on appeal relates to the deputy’s statement in the final order that “parenthetically or perhaps, predictably, the employee died from this condition on November 3, 1986,” and “thus, I find that the evidence in this case leads to the conclusion that the head trauma suffered by the employee on 8/31/85 aggravated a preexisting brain lesion producing an onset of disabling symptomatology and acceler ated the growth of the tumor which produced the foreseeable consequences of the condition: death.” The employer and carrier complain that claimant’s death occurred subsequent to the final hearing and, thus, no issue concerning the cause of death or acceleration of death was ripe for determination at that hearing. We agree and strike the quoted references to the extent that such references purport to determine the cause of death. While competent, substantial evidence supports the finding that the head trauma aggravated the preexisting condition and caused disability, the cause of death was not properly before the deputy and is, thus, not properly a subject of this final order. Our holding is, however, without prejudice to either party to litigate the cause of death or the acceleration of death pursuant to a claim for death benefits, should one be filed.
As hereinabove modified, the appealed order is AFFIRMED.
WENTWORTH and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wallace v. Keldie, 249 So. 3d 747 (Fla. 1st DCA 2018)
-
In re 73 ENGLE-RELATED CASES., 239 So. 3d 166 (Fla. 1st DCA 2018)…d by a 'person' recognized under the laws of this state." Cocoa Acad. for Aerospace Tech. v. Sch. Bd. of Brevard Cty., Fla. , 706 So. 2d 397, 398 (Fla. 5th DCA 1998). Dead persons aren't qualified to conduct a suit. Xtra Super Food Ctr. v. Carmona , 516 So. 2d 300, 301 (Fla. 1st DCA 1987) ("[D]eceased persons cannot be parties to a judicial or quasi-judicial proceeding."); see also In re Engle Cases , 767 F. 3d 1082, 1086-87 (11th Cir. 2014) ("As any lawyer worth his salt knows, a dead person cannot maintain…
-
Philip Morris USA Inc. v. Freeman, 285 So. 3d 999 (Fla. 1st DCA 2019)…by the decedent, not Appellee, was a nullity. In Re 73 Engle-Related Cases, 239 So. 3d 166, 169 (Fla. 1st DCA 2018) (“The lawsuits filed here were nullities because a dead person cannot file and maintain a lawsuit”); Xtra Super Food Ctr. v. Carmona, 516 So. 2d 300, 301 (Fla.1st DCA 1987) (“[D]eceased persons cannot be parties to a judicial or quasi-judicial proceeding”); Veltmann v. Walpole Pharmacy, Inc., 928 F. Supp. 1161, 1164 (M.D. Fla. 1996) (holding that a claim for wrongful death not filed by a persona…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence