HUDDLE HOUSE AND CRAWFORD & COMPANY, APPELLANTS,
v.
KERRY PERALTA, APPELLEE

Fla. 1st DCA | 2000-03-06
No. 1D99-1912
ERVIN and ALLEN, JJ. CONCUR.'
754 So. 2d 753 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 2 cases

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.

Synopsis

Employer and workers' compensation carrier appealed an order by the Judge of Compensation Claims imposing sanctions and a protective order prohibiting direct ex parte communications between the carrier's rehabilitation providers and the claimant's health care providers. The court affirmed, finding the appellant failed to provide an adequate appellate record to support its jurisdictional and factual challenges.


Holding

The court affirmed the protective order without deciding the jurisdictional issue, because the appellant failed to provide an adequate appellate record. On the merits, the court found that the protective order restricting rehabilitation providers from communicating ex parte with health care providers was not a misapplication of existing law.


Headnotes

[1] An appellate court cannot determine if a lower court exceeded its jurisdiction without an adequate record of the proceedings.

[2] An appellant's failure to provide an adequate appendix containing necessary portions of the record is fatal to their appeal.

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Key Quotes

“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory”

Establishes the principle that appellants must provide adequate records to support appellate review of factual findings

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Facts & Procedural History

A workers' compensation claimant sought and obtained a protective order from the Judge of Compensation Claims that restricted the employer and carrier…

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Huddle House and Crawford & Company (respectively employer and carrier, hereinafter “e/c”) appeal an order of the Judge of Compensation Claims (hereinafter “JCC”) approving claimant’s motion for sanctions and protective order, and ordering the e/c’s rehabilitation providers not to communicate directly and/or ex parte with any of claimant’s health care providers. The JCC further ordered that the e/c’s rehabilitation providers may, after reasonable notice and coordination with claimant’s attorney to allow claimant’s attorney to be present, communicate or meet with claimant’s health care providers for the purpose of a reemployment assessment pursuant to section 440.491, Florida Statutes (1997). We affirm.

Because this is a review of a non-final order, the e/c -were directed by an order of this court to file the initial brief, “accompanied by an appendix.” See Fla. R.App. P. 9.180(h)(2), 9.220. Rule 9.220 is clear that the “purpose of an appendix is to permit the parties to prepare and transmit copies of such portions of the record deemed necessary to an understanding of the issues presented.” Fla.R.App.P. 9.220 (emphasis supplied). The appendix attached to the e/c’s initial brief includes only a copy of the order being reviewed. No additional record or appendix was filed.

The e/c argue that the JCC had no jurisdiction to consider claimant’s motion because the medical care on this claim is governed by a managed care arrangement pursuant to section 440.134, Florida Statutes (1997), and managed care arrangements are within the jurisdiction of the Agency for Health Care Administration. See Farhangi v. Dunkin Donuts, 728 So. 2d 772 (Fla. 1st DCA 1999). The claimant argues that there is no evidence in the record of a workers’ compensation managed care arrangement as defined by section 440.134. This court is unable to determine if the JCC exceeded his jurisdiction because the e/c failed to include an adequate record in the appendix. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979) (“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory”). The e/c’s failure to prepare an adequate appendix for our review is fatal to their claim.

Similarly, we cannot review the second issue on appeal without an adequate appendix. Whether the nurse who attended claimant’s appointment with a psychologist is employed by the carrier, a medical care coordinator pursuant to a managed care arrangement, or a rehabilitation provider is a 'question of fact. We cannot determine, from the appendix provided by the e/c, whether the evidence supports the order on appeal. On this record, the JCC’s order that the e/c’s “rehabilitation providers shall not communicate directly and/or ex parte with any of claimant’s health care providers” is not a misapplication of existing law.

Accordingly, we affirm the order on appeal.

ERVIN and ALLEN, JJ. CONCUR.'


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Cited By

  • Benton v. U.S. Bank, 171 So. 3d 764 (Fla. 2d DCA 2015)
    …BLACK, Judge. Robert Benton and Heather Stokes challenge the order denying a “renewed” motion to set aside foreclosure sale. As to Mr. Benton, we affirm. See, e.g., Huddle House v. Peralta, 754 So. 2d 753, 753-54 (Fla. 1st DCA 2000) (affirming order on appeal due to appellant’s failure to file an adequate appendix despite being directed to do so pursuant to Florida Rule of Appellate Procedure 9.220). As to Ms. Stokes, we dismiss the appeal. See Quino…

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