DEBRA BENEDICT, F/K/A DEBRA HARFORD, APPELLANT,
v.
EXECUTIVE RISK CONSULTANTS, INC., A/K/A E.R.C., A FLORIDA CORPORATION, APPELLEE
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.
The circuit court correctly refused to issue a rule nisi to compel payment of medical expenses because the issue of causal relation was a factual dispute outside the court's limited jurisdiction in such proceedings.
Appellant sought a rule nisi to compel appellee to pay medical expenses pending a determination of their causal relation to a compensation injury. The…
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 Compensation Order cases and more on FLexlaw
PER CURIAM.
AFFIRMED. We find no error by the trial court in refusing to issue a rule nisi to compel the appellee to pay medical expenses of the appellant pending a resolution by the judge of compensation claims of whether the expenses were causally related to appellant’s compensation injury.
The role of the circuit court, when considering a petition for issuance of a rule nisi pursuant to section 440.24(1), Florida Statutes (1989), is limited to a twofold inquiry: (1) whether there is a final order in full force and effect, and (2) whether there has been a default of that order. See also Alvarez v. Kendall Assocs., 590 So. 2d 518 (Fla. 3d DCA 1991) (the authority of a trial court in a rule nisi proceeding is limited to an inquiry of whether the subject order is still in full force and effect, and if so, to enforce its provisions). Hence, a rule nisi should issue only when it is clearly demonstrated that the relief sought is mandated by the terms of an existing compensation order. In this respect it is akin to an order of execution. It should not be used to resolve factual disputes between the parties.
Both parties agree the heart of the dispute here concerns the second prong of the inquiry; namely, whether appellee has defaulted under the final compensation order making it responsible for continuing medical expenses related to appellant’s compensation injury. However, their arguments before the trial court on this issue centered around the causal connection between the compensation injury and the medical expenses in question, the appellee contending that the expenses were related to a subsequent accident for which it was not responsible. This was a question of fact over which the trial court had no jurisdiction.
Accordingly, we affirm the trial court’s denial of appellant’s petition for a rule nisi.
ANSTEAD and WARNER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)…nt reaches MMI to read until claimant reaches MMI or is able to return to work, whichever occurs first). Further, only a final order “in full force and effect” may be enforced in a rule nisi proceeding. Benedict v. Executive Risk Consultants, Inc., 616 So. 2d 525, 526 (Fla. 4th DCA 1993). Case law indicates that an award of TTD benefits until a claimant reaches MMI will be enforced by a rule nisi. Pierce v. Aetna Ins. Co., 519 So. 2d 754 (Fla. 4th DCA 1988); Phoenix Assurance Co. of N.Y. v. Merritt, 160 So.…
-
Merritt v. Promo Graphics, Inc., 691 So. 2d 632 (Fla. 5th DCA 1997)…er there has been a default under that order. Importantly, the procedure is not to be used to determine the merits of the underlying compensation order or to resolve factual disputes between the parties. Benedict v. Executive Risk Consultants, Inc., 616 So. 2d 525 (Fla. 4th DCA 1993); Venne v. Kleuver, 435 So. 2d 350 (Fla. 3d DCA 1983) rev. denied, 443 So. 2d 979 (Fla.1984). section 440.15(10), Florida Statutes (1995), Promo Graphics was autho-authounilaterally to reduce Mr. Merritt’s workers’ compensation b…1 / 2
-
Staffing Concepts Int'l, Inc. v. Paul, 704 So. 2d 691 (Fla. 3d DCA 1997)…1997); Navarro v. Sugarcane Growers Cooperative and Professional Adm’rs, Inc., 661 So. 2d 946, 947 (Fla. App. 4th DCA 1995); North Shore Medical Center v. Capua, 634 So. 2d 1141, 1143 (Fla. 3d DCA 1994); Benedict v. Executive Risk Consultants, Inc., 616 So. 2d 525, 526 (Fla. 4th DCA 1993); Maranje v. Brinks of Florida, Inc., 610 So. 2d 1293, 1294 (Fla. 3d DCA 1992); Alvarez v. Kendall Associates, 590 So. 2d 518, 519-20 (Fla. 3d DCA 1991). A circuit judge presiding over a rule nisi proceeding is not vested wit…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co., 590 So. 2d 518 (Fla. 3d DCA 1991)