RAUL R. VAZQUEZ, APPELLANT,
v.
TRULY NOLAN OF AMERICA AND CRAWFORD & COMPANY, APPELLEES
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A workers' compensation claimant appealed an order denying medical benefits. The appellate court dismissed for lack of jurisdiction because the order was neither final nor appealable, as it expressly reserved jurisdiction over remaining claims for indemnity benefits and attorney's fees.
The order is neither final nor appealable under any other provision of the rules because the reservation of jurisdiction over remaining ripe claims prevents finality. The case falls within the first category of Betancourt, where jurisdiction is reserved on issues that are ripe for adjudication but have been tried only in part by mutual agreement.
[1] An order in a workers' compensation case that does not resolve all pending issues, including indemnity benefits and attorney's fees, is neither a final order nor an appea…
[2] An order reserving jurisdiction on issues ripe for adjudication that have been tried by the parties is not a final order.
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“Because the order did not resolve all pending issues and therefore did not appear to be a final order nor an appealable nonfinal order pursuant to Florida Rule of Appellate Procedure 9.180(b)(1), this court sua sponte directed appellant to show cause why the appeal should not be dismissed for lack of jurisdiction.”
Establishes the court's threshold jurisdictional concern that drove the dismissal
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Join FLexlaw to unlock all legal intelligenceRaul Vazquez sought workers' compensation benefits following a workplace accident, including temporary disability, medical benefits, orthopedic specia…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In this workers’ compensation case, Raul R. Vazquez appeals an order of the Judge of Compensation Claims denying his claims for the payment of medical benefits. We dismiss the appeal for lack of jurisdiction because the appealed order is neither a final order nor an appealable non-final order. Vazquez sought temporary total and/or temporary partial disability workers’ compensation benefits from the date of his accident and authorization of a treating physician and payment of his bills. He also sought evaluation and treatment with an orthopedic specialist, penalties, interest, costs, and attorney’s fees. The employer/carrier agreed that the accident was compensable, but raised numerous defenses. The parties agreed to bifurcate the proceedings and a hearing was held only on the question of medical benefits. The Judge of Compensation Claims rendered an order which denied the claims for payment of treating physician’s bills and authorization of an orthopedist. The order expressly reserved jurisdiction to resolve the claims for indemnity benefits and attorney’s fees, costs, interest, and penalties.
Because the order did not resolve all pending issues and therefore did not appear to be a final order nor an appealable nonfinal order pursuant to Florida Rule of Appellate Procedure 9.180(b)(1), this court sua sponte directed appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. In response, appellant relies on Betancourt v. Sears Roebuck & Co., 693 So. 2d 680 (Fla. 1st DCA 1997), a recent en banc decision of this court which set forth certain bench marks to be applied in determining whether a workers’ compensation order is final. The instant case, however, does not clearly fall within any of the three categories described in Betancourt. In that opinion, this court discussed (i) cases where jurisdiction is reserved on issues that are fully tried and ripe for adjudication, (ii) those where fully tried issues are not expressly disposed of but without reservation of jurisdiction, -and (iii) those involving claims ripe for adjudication but for which claim ant failed to produce evidence or obtain a ruling. In the matter at bar, the claims for indemnity benefits were, apparently by mutual agreement, reserved for another day, although they were ripe for adjudication.
The posture of this case is, we conclude, most analogous to the first category identified in Betancourt, cases where jurisdiction is reserved on an issue ripe for adjudication which has been tried by the parties. Therefore, the order is not final nor is it appealable under any other provision of the rules. Accordingly, this appeal is dismissed for lack of jurisdiction.
DISMISSED.
BENTON, VAN NORTWICK and PADOVANO, JJ., concur.
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AKE v. United States Sugar Corp. & Corvel Corp., 112 So. 3d 171 (Fla. 1st DCA 2013)…tial nature of the workers’ compensation adjudicatory process, has consistently held that a final workers’ compensation order is one that finally disposes of all claims that are procedurally ripe to be adjudicated. See Vazquez v. Truly Nolan of Am., 752 So. 2d 68 (Fla. 1st DCA 2000) (holding order nonfinal where parties agreed to reserva [*173] tion on issue ripe for adjudication and tried by parties); Emro Mktg. v. Schwier, 670 So. 2d 1141, 1142 (Fla. 1st DCA 1996) (“[O]rders which adjudicate all matters ri…
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Speedway Superamerica, LLC v. Matson, 894 So. 2d 311 (Fla. 1st DCA 2005)…PER CURIAM. In this workers’ compensation case, having considered appellants’ response to our order to show cause, we dismiss this appeal for lack of jurisdiction. See Vazquez v. Truly Nolan of Am., 752 So. 2d 68 (Fla. 1st DCA 2000). APPEAL DISMISSED. WEBSTER, PADOVANO and HAWKES, JJ., concur.…
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Benson v. Sarasota Cnty. Sch. Bd. & Integrated Administrators, 847 So. 2d 574 (Fla. 1st DCA 2003)…PER CURIAM. DISMISSED. Vazquez v. Truly Nolan of America, 752 So. 2d 68 (Fla. 1st DCA 2000). ERVIN, KAHN and HAWKES, JJ., concur.…
Authorities Cited
- Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)