CADCO BUILDERS, INC. AND ITT HARTFORD, APPELLANTS,
v.
ETHAN ROBERTS, APPELLEE
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The appellate court dismissed an appeal of a workers' compensation order on jurisdictional grounds, holding that a Judge of Compensation Claims failed to make the express certification required by Florida Rule of Appellate Procedure 9.180(b)(1)(C) to render an interlocutory order appealable.
The court held that the bifurcated order was not appealable because the Judge of Compensation Claims failed to make the express certification required by Rule 9.180(b)(1)(C) that determination of the nature and amount of benefits due the claimant 'will require substantial expense and time.' The court dismissed the appeal for lack of jurisdiction.
[1] An interlocutory order in a workers' compensation case is appealable under Florida Rule of Appellate Procedure 9.180(b)(1)(C) only if it expressly finds an injury occurre…
[2] A Judge of Compensation Claims must expressly certify that determining the nature and amount of benefits due will require substantial expense and time for an interlocutor…
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Join FLexlaw to unlock all legal intelligence“the JCC must make a certification which clearly conforms to the prerequisites of the rule in order to render an appealable nonfinal order”
Establishes the strict requirement that the Judge of Compensation Claims must expressly certify compliance with Rule 9.180(b)(1)(C) to render an order appealable
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Join FLexlaw to unlock all legal intelligenceEthan Roberts sought permanent total disability and other workers' compensation benefits. The employer/carrier raised a defense that Roberts was an in…
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PER CURIAM.
Ethan Roberts, claimant in workers’ compensation proceedings below, sought permanent total disability and other benefits. The employer/carrier (e/c) raised a number of defenses, including an assertion that the claimant was an independent contractor who was ineligible for benefits under the employer’s workers’ compensation policy. A hearing was held and the Judge of Compensation Claims (JCC) rendered an order in favor of the claimant on this defense. The order includes the following pertinent language:
At the commencement of the final hearing the parties jointly moved (a) for bifurcation of the case to allow the hearing to proceed only regarding the issue of compensability; and (b) for the undersigned to reserve jurisdiction regarding all claims, benefits and issues other than the issue of compensability. In the interest of judicial economy and efficiency, due to the financial concerns of the litigants in reducing the cost of further discovery and after giving consideration to the substantial amount and variety of benefits that are in dispute, the undersigned Judge of Compensation Claims granted the motions regarding bifurcation and reservation of jurisdiction.
The e/c timely appealed this order. On this court’s own motion, appellants were directed to show cause why the appeal should not be dismissed for lack of jurisdiction as it appeared the order was neither a final order nor an appealable nonfinal order. Appellants responded, taking the position that this appeal was authorized by Florida Rule of Appellate Procedure 9.180(b)(1)(C). We disagree and, accordingly, dismiss this appeal for lack of jurisdiction.
The aforementioned rule of appellate procedure authorizes an appeal of an interlocutory workers’ compensation order that adjudicates compensability:
provided that the order expressly finds an injury occurred within the scope and course of employment and that claimant is entitled to receive causally related benefits in some amount, and provided further that the lower tribunal certifies in the order that determination of the exact nature and amount of benefits due to claimant will require substantial expense and time.
Thus, Rule 9.180(b)(1)(C) provides that the lower tribunal, in order to render an appealable nonfinal order, must certify that determination of the nature and amount of benefits due the claimant “will require substantial expense and time.” In the case at bar, the JCC noted that the parties were interested in reducing the cost of further litigation and that, in deciding to bifurcate proceedings, he gave consideration to the substantial amount and variety of benefits in dispute. He did not, however, expressly certify that determination of those benefits will require substantial expense and time.
Interlocutory appeals do not enjoy a favored status in the appellate forums of this state. See Travelers Insurance Co. v. Bruns, 443 So. 2d 959, 961 (Fla.l984)(“appel-late review of nonfinal judgments serves to waste court resources and needlessly delays final judgment”). We therefore strictly construe Florida Rule of Appellate Procedure 9.180(b)(1)(C) and hold that the JCC must make a certification which clearly conforms to the prerequisites of the rule in order to render an appealable nonfinal order. As the order in the instant matter does not satisfy this requirement, it is not an appealable order and we lack jurisdiction to review it. Accordingly, this appeal is DISMISSED.
ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
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Broward Child's. Ctr. v. Hall, 859 So. 2d 623 (Fla. 1st DCA 2003)…claimant cross-appeals, from a non-final order adjudicating compensability which includes the required certification. We have jurisdiction. Fla. Const. art. V, § 4(b)(1); Fla. R.App. P. 9.180(b)(1)(C). See generally Cadco Builders, Inc. v. Roberts, 712 So. 2d 457 (Fla. 1st DCA 1998). Because the judge of compensation claims resolved a disagreement between the parties’ independent medical examiners regarding the cause of the claimant’s staphylococcal infection and resulting endocarditis without the benefit of…
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Palm Beach Cnty. Sch. Bd. & F.A. Richard & Assocs. v. Eumelia Hernandez, 888 So. 2d 58 (Fla. 1st DCA 2004)…PER CURIAM. This appeal is hereby dismissed for lack of jurisdiction. See Cadco Builders, Inc. v. Roberts, 712 So. 2d 457 (Fla. 1st DCA 1998). BROWNING, LEWIS and POLSTON, JJ., CONCUR.…
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Bonded Transp. & Vanguard Ins. Agency v. Harris, 860 So. 2d 520 (Fla. 1st DCA 2003)…PER CURIAM. DISMISSED. Cadco Builders, Inc. v. Roberts, 712 So. 2d 457 (Fla. 1st DCA 1998). ERVIN, BOOTH and KAHN, JJ., concur. j…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)