SABAL TRANSPORT AND THE CLAIMS CENTER, APPELLANT,
v.
JAMES D. BROOKS, APPELLEE
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In a workers' compensation appeal, the Florida First District Court of Appeal affirmed an award of benefits to employee James Brooks, holding that a judge of compensation claims properly allowed Brooks to include claims for average weekly wage correction and medical care in a pretrial stipulation even though these claims were not included in the original claim for benefits filed.
The court held that the JCC properly allowed the additional claims in the pretrial stipulation because where a pretrial stipulation states claims accepted and approved by the JCC, those claims are properly at issue in a workers' compensation proceeding, and referral to informal dispute resolution procedures would be inefficient and contrary to the self-executing purposes of the Workers' Compensation Law in cases already in litigation.
[1] A claim or defense is properly at issue in a workers' compensation proceeding if it is stated in a pretrial stipulation, even if no formal claim or defense has been filed…
[2] Referral to the Employee Assistance and Ombudsman Office is not required when a workers' compensation case is already in litigation before a judge of compensation claims…
Previewing 2 of 4 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“[W]here a pretrial stipulation states a claim or defense to be presented, even though no formal claim or defense has been filed, and has been accepted and approved by the JCC, the claim or defense is properly at issue in a workers' compensation proceeding.”
Establishes the legal standard for when claims included in an approved pretrial stipulation are properly before the court without requiring separate formal filings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn December 16, 1993, Brooks filed a claim for permanent total disability benefits. In the pretrial stipulation filed on August 22, 1994, Brooks added…
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KAHN, Judge.
In this workers’ compensation case, the employer/carrier (E/C) appeal an order awarding benefits to the claimant, James D. Brooks. We affirm without discussion two of the three points raised by the E/C. We also affirm the third point on appeal because, contrary to the E/C’s assertion, the judge of compensation claims (JCC) did not err in allowing Brooks to include in the pretrial stipulation claims not included in the original claim for benefits.
On December 16, 1993, Brooks filed a Claim for Benefits seeking permanent total disability (PTD). In the pretrial stipulation filed with the JCC on August 22, 1994, Brooks included, in addition to the PTD claim, claims for correction of his average weekly wage (AWW) as well as medical care and treatment provided by Dr. Arturo Gonzalez and Dr. Robert Martinez. The E/C then filed a Motion to Dismiss Claims for Average Weekly Wage and Medical Care Included in the Pre-Trial Stipulation. In the motion, the E/C asserted that Brooks had not filed a request for assistance and had not exhausted the procedures for informal dispute resolution as provided in section 440.191, Florida Statutes (Supp.1994), regarding the AWW and medical claims. At the hearing, however, the JCC allowed the AWW and medical issues to proceed as they were sufficiently connected to the original claim, PTD. The JCC also indicated that he would allow the E/C additional time to conduct discovery and present evidence concerning those two issues. In the order, the JCC found that the treatment provided by Dr. Gonzalez and Dr. Martinez was reasonable and medically necessary and that the E/C had timely notice of the claim for the care provided by Dr. Gonzalez and Dr. Martinez as of March 9, 1994. The JCC thus found the E/C responsible for the past, present, and continuing care and treatment of Brooks provided by Dr. Gonzalez and Dr. Martinez. The JCC also found that the E/C had adequate notice prior to trial that the AWW was at issue and therefore determined the correct AWW.
We find that the JCC acted properly in adjudicating the AWW and medical issues. “[Wjhere a pretrial stipulation states a claim or defense to be presented, even though no formal claim or defense has been filed, and has been accepted and approved by the JCC, the claim or defense is properly at issue in a workers’ compensation proceeding.” Kilboume & Sons v. Kilboume, No. 93-3796, - So. 2d - [1995 WL 746378] (Fla. 1st DCA Dec. 19, 1995); see McCabe v. Bechtel Power Carp., 645 So. 2d 1065 (Fla. 1st DCA 1994).
A contrary result would prove highly inefficient and would frustrate the purpose of the Workers’ Compensation Law. Section 440.191(l)(a), Florida Statutes (Supp.1994), provides: “In order to effect the self-executing features of the Workers’ Compensation Law, this chapter shall be construed to permit injured employees and employers or the employer’s carrier to resolve disagreements without undue expense, costly litigation, or delay in the provisions of benefits.” As the present case was already in litigation and had proceeded to a pretrial conference, referral to the Employee Assistance and Ombudsman Office (EAOO) would not effect the self-executing features of the system. Indeed, such referral would cause, rather than preclude, undue expense, costly litigation, and delay. Furthermore, section 440.192(2), Florida Statutes (Supp.1994), contemplates the review of every petition by a docketing judge and this procedure makes little sense in the context of a case, such as this one, that is already pending before a JCC. Therefore, because the matter was already in litigation before a JCC, with both parties represented, no statutory purpose would have been served by referral to the agency bureaucracy.
AFFIRMED.
ZEHMER, C.J., and BARFIELD, J., concur.
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Commercial Carrier Corp. & Comcar Indus., Inc. v. LaPOINTE, 723 So. 2d 912 (Fla. 1st DCA 1999)…rties agree, the judge of compensation claims may allow trial of new claims “sufficiently connected to” claims that, having been the subject of a request for assistance and a petition for benefits, are properly at issue. See Sabal Transp. v. Brooks, 666 So. 2d 1032, 1033 (Fla. 1st DCA 1996). Comear contends, however, that the subsequent adoption of Florida Rule of Workers’ Compensation 4.028(5)(b) undermines Sabal. The rule provides: A petition cannot be amended except by stipulation of the parties and approv…
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Lakeside Baptist Church & Preferred Risk Grp. v. Jones, 714 So. 2d 1188 (Fla. 1st DCA 1998)….” Often the order incorporates the issues listed in the pretrial stipulation. We recognize that a claim listed in the parties’ stipulation can be considered even if it was not identified in the petition for benefits. See, Sabal Transport v. Brooks, 666 So. 2d 1032 (Fla. 1st DCA 1996); McCabe v. Bechtel Power Corp., 645 So. 2d 1065 (Fla. 1st DCA 1994). However, the pretrial stipulation in this case does not cure the omissions in the petition for benefits, because it likewise fails to identify the disputed clai…
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NEW Hope Baptist Church & Guideone Ins. v. Duran, 38 So. 3d 170 (Fla. 1st DCA 2010)…l hearing, and was tried by consent due to the E/C’s failure to object. See Dollar Gen. Corp. v. MacDonald, 928 So. 2d 464, 466 (Fla. 1st DCA 2006) (holding issues in workers’ compensation cases may be tried by consent); cf. Sabal Transp. v. Brooks, 666 So. 2d 1032 (Fla. 1st DCA 1996) (holding claim first raised in pretrial stipulation was properly before the JCC). AFFIRMED as modified. KAHN, ROWE, and MARSTILLER, JJ., concur.…
Authorities Cited
- McCABE v. Bechtel Power Corp. & Fla. Power & Light Wrap-Up, 645 So. 2d 1065 (Fla. 1st DCA 1994)