AMERICAN BOOM AND BARRIER, INC. AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
GARY STEWART, APPELLEE
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The appellate court dismissed the employer/carrier's appeal for lack of jurisdiction because the compensation judge's order was not final, as it reserved jurisdiction over future medical benefits and directed the parties to report on agreement within thirty days.
An order of a compensation judge that reserves jurisdiction and directs parties to report on agreement of future medical benefits is not a final order and therefore is not appealable.
[1] An order of a compensation judge that reserves jurisdiction over future medical benefits and directs the parties to report on their agreement within a specified time is n…
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Join FLexlaw to unlock all legal intelligenceAn employee was injured in an altercation with a co-worker during employment. The compensation judge found the employee was in the course and scope of…
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PER CURIAM.
The employer/carrier appeal an order of the Judge of Compensation Claims which finds that the claimant was in the course and scope of employment at the time of an altercation which caused his injuries, that the co-worker was the aggressor in the altercation, and that the claimant was entitled to benefits.
In paragraph 7 of the order, the judge stated that the “parties have stipulated as to necessary medical benefits from the date of the injury through the present.” In paragraph 11 of the order, the judge stated that “[¡jurisdiction is further reserved if the parties are unable to agree on future medical benefits.” The decretal portion of the order contains the following:
3. Within thirty (30) days of the date of this Order, the parties shall report to the undersigned on agreement of future medical benefits including rehabilitation benefits and rehabilitation coordinator, transportation, attendant care, past and future medical benefits, attendant care, rehabilitation and remedial treatment, and costs of transportation.
Past medical benefits were ripe for adjudication at the time of the hearing. The portion of the order directing the parties to report to the judge within thirty days on agreement of past medical benefits indicates the judge continues to exercise jurisdiction in this matter. Accordingly, the order is not a final order and is therefore not appealable. Coca-Cola Company— Foods Division v. Davis, 546 So. 2d 93 (Fla. 1st DCA 1989). This appeal is dismissed for lack of jurisdiction.
BOOTH, BARFIELD and MINER, JJ., concur.
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Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE, 616 So. 2d 132 (Fla. 1st DCA 1993)…A 1982), rev. denied, 429 So. 2d 6 (Fla.1983).6 Any order which did not resolve all issues ripe for adjudication was considered nonfinal and nonappealable. ESI v. Taylor, 588 So. 2d 1017 (Fla. 1st DCA 1991); American Boom & Barrier, Inc. v. Stewart, 592 So. 2d 1178 (Fla. 1st DCA 1992). Review of nonfinal orders in compensation cases could only be sought by a petition for writ of certiorari. Lockheed Space Operations, supra. In order to be reviewable by certio-rari, a party was required to demonstrate that a no…
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Baron v. Provencial, 908 So. 2d 526 (Fla. 4th DCA 2005)…da courts considering the finality of similarly worded orders have concluded that the orders are non-final ones which cannot support an appeal under Florida Rules of Appellate Procedure 9.030(b)(1)(A) or (C). See Am. Boom & Barrier, Inc. v. Stewart, 592 So. 2d 1178, 1178-79 (Fla. 1st DCA 1992) (holding that an order in a workers’ compensation proceeding was not final where the judge entered an order concerning the amount of past medical benefits, but reserved jurisdiction to enter further orders “‘if the parti…
Authorities Cited
- The Coca-Cola Company-Foods Div. & Gen. Adjustment Bureau v. Davis, 546 So. 2d 93 (Fla. 1st DCA 1989)
- Tile Plus & CNA Ins. Cos. v. Domenic Albanese, 546 So. 2d 93 (Fla. 1st DCA 1989)