METROPOLITAN DADE COUNTY AND METROPOLITAN DADE COUNTY SELF-INSURED FUND, APPELLANTS,
v.
WILLIE BELLE ROLLE, 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.
Metropolitan Dade County appeals a circuit court order granting a rule nisi petition for unpaid temporary workers' compensation benefits for nursing care. The appellate court reverses and remands, finding the trial court failed to establish that nursing services were actually rendered by a licensed agency as required by the underlying compensation order.
The court reversed the final order and remanded for an evidentiary hearing, holding that to establish amounts owed under the order, the claimant must prove not only that the County underpaid but also that nursing services were actually rendered by a licensed nursing care agency for which the claimant was obligated to pay.
[1] A claimant seeking enforcement of a workers' compensation order for nursing care payments must prove not only that the employer failed to pay the ordered amount, but also…
[2] A court must conduct an evidentiary hearing to determine the amounts owed under an order for nursing care payments when the claimant has not presented evidence that the f…
Previewing 2 of 3 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“The second paragraph of the order makes clear that these payments can only be used by the claimant in order to pay a licensed nursing care agency. The funds may not be used for other purposes.”
Establishes that the temporary compensation order restricts fund usage solely to licensed nursing care agency payments.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1993, a judge of compensation claims ordered Metropolitan Dade County to pay the claimant $4,200 per week for licensed nursing care services. The o…
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 Evidentiary Hearing Requirement cases and more on FLexlaw
PER CURIAM.
Metropolitan Dade County and the Metropolitan Dade County Self-Insured Fund appeal a final order granting claimant/appel-lee’s rule nisi petition under subsection 440.24(1), Florida Statutes (1995). We reverse.
In 1993 the judge of compensation claims entered an order for temporary payments for nursing care. The order provides:
1. ... The employer, Metropolitan Dade County is ordered to pay to the claimant the sum of $4,200.00 per week beginning this date until further order of this Court.
2. Use of these funds by the Claimant is restricted to paying a licensed nursing care [agency] for services needed.
There was a dispute regarding the amounts owed under this order, and the employer paid less than the amounts called for by the order. The claimant filed an application in circuit court for issuance of a rule nisi under subsection 440.24(1), Florida Statutes. After proceedings not relevant here,1 the matter came before the circuit court for hearing. The trial court heard argument of counsel, accepted an affidavit from plaintiffs counsel, and calculated that the arrearage was $175,-400. The County has appealed.
We reverse the final order and remand for an evidentiary hearing. The second paragraph of the order makes clear that these payments can only be used by the claimant in order to pay a licensed nursing care agency. The funds may not be used for other purposes. Consequently in order to establish the amounts owed under this order, the plaintiff must not only show that the County paid less than was required under the order, but also that nursing services were rendered by a licensed nursing care agency for which the claimant is obligated to pay. There is neither evidence in the record nor a finding by the trial court on this point. We remand for an evidentiary hearing on all issues pertinent to the application for rule nisi.
Reversed and remanded.2
. See Metropolitan Dade County v. Rolle, 661 So. 2d 124 (Fla. IstDCA 1995).
. The Comity contends that the claimant refuses to have nursing care except on the day shift, whereas the compensation order was designed to pay for around-the-clock care. We think the temporary compensation order is quite clear that the sole purpose of. these payments is to cover nursing services actually received from a licensed nursing care agency.
With regard to the payment procedure for services to be rendered in the future pursuant to the temporary order, the court may establish such procedures as may be appropriate.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Hollywood & Fla. Mun. Ins. Trust/Florida League of Cities, Inc. v. Benoit, 1 So. 3d 1142 (Fla. 4th DCA 2009)…24 (Fla. 1st DCA 1995). A condition of the mother receiving compensation is the provision of care to her son. Since she has not alleged that she has provided care, then she has not proved a default by the carrier. Metropolitan Dade County v. Rolle, 680 So. 2d 1047 (Fla. 3d DCA 1996) (“Rolle II”), is analogous. The compensation order in that case required in one paragraph for the employer to pay to the claimant the [*1146] sum of $4,200 per week. In a second paragraph, the use of these funds was restricted to…
Authorities Cited
- Metro. Dade Cnty. & Metro. Dade Cnty. Self-Insurance v. Rolle, 661 So. 2d 124 (Fla. 1st DCA 1995)