STATE OF FLORIDA-HRS AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
v.
RAPHAEL OHAYAGHA, APPELLEE
STATE OF FLORIDA-HRS AND DIVISION OF RISK MANAGEMENT, APPELLANTS,
RAPHAEL OHAYAGHA, APPELLEE
659 So. 2d 411
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
The appellants challenge an order of the judge of compensation claims entered pursuant to section 440.25(4)(h), Florida Statutes (Supp.1994), which provides:
(h) Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the parties and counsel before him without written notice for an emergency conference where there is a bona fide emergency involving the health, safety or welfare of an employee. An emergency conference under this section may result in the entry of an order or the rendering of an adjudication by the judge of compensation claims.
As the plain language of the paragraph reveals, relief pursuant to the paragraph is only available where there exists “a bona fide emergency.” In this case, no competent substantial evidence supports the judge’s finding that an emergency necessitated the surgical procedure authorized.
In light of the foregoing, we do not address the other arguments presented by the appellants.
Accordingly, the order is reversed.
ZEHMER, C.J., and ALLEN and KAHN, JJ., concur.
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Lorie Foster v. E G & G Fla., Inc., 795 So. 2d 151 (Fla. 1st DCA 2001)…nference has no support in precedent or in logic. See Dayco Prods. v. Rue, 676 So. 2d 58, 60 (Fla. 1st DCA 1996) (holding that the “scope of the conference ... is limited by the emergency”); State-Health and Rehabilitative [*155] Servs. v. Ohayagha, 659 So. 2d 411, 412 (Fla. 1st DCA 1995). Accordingly, we reverse the order under review, insofar as it declined to decide the merits of the claim for penalties for untimely payment of temporary total disability benefits for the period between January 21, 1999, an…