NORMA CORREA, APPELLANT,
v.
MIAMI AIRPORT HILTON AND GALLAGHER BASSETT SERVICES, APPELLEES
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Norma Correa appealed the dismissal of her workers' compensation petition for an alternate TMJ specialist, which was dismissed on res judicata grounds. The court reversed, holding that her claim was not barred by res judicata because it was based on newly discovered evidence (an MRI revealing a TMJ injury) that was not available at earlier merits hearings.
The court held that Correa's claim was not barred by res judicata because it was based on newly discovered evidence (the positive MRI revealing the TMJ injury) and therefore was not mature at the earlier merits hearings. A claim based on newly discovered evidence cannot be barred for failure to raise it at an earlier proceeding.
[1] A claim for benefits is not barred by res judicata if it was not mature at the time of earlier merits hearings.
[2] A claim based on newly discovered evidence cannot be barred for failure to raise it at an earlier proceeding because it was not mature at that time.
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“As a general rule, piecemeal litigation of mature claims is no more permissible in workers' compensation cases than in civil litigation. If a merits hearing occurs and mature claims are not litigated, the claims are considered waived, and later litigation is precluded by application of the doctrine of res judicata.”
Establishes the general rule that mature claims not raised at merits hearings are barred by res judicata.
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Join FLexlaw to unlock all legal intelligenceAppellant Correa had two merits hearings in her workers' compensation case but did not litigate a claim for an alternate TMJ specialist at those heari…
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BROWNING, J.
Appellant appeals the final order of the Judge of Compensation Claims (JCC) which dismissed, on res judicata grounds, Appellant’s petition for benefits requesting an alternate temporomandibular joint (TMJ) specialist. Appellant argues, among other grounds, that the claim was not barred because it was not mature at earlier merits hearings. Appellees (E/C) assert, among other grounds, that res judi-cata barred the claim because it was mature at earlier merits hearings and was not raised. We agree with Appellant and reverse. Because our holding on this issue is dispositive, we do not reach the other grounds argued by the parties.
“As a general rule, piecemeal litigation of mature claims is no more permissible in workers’ compensation cases than in civil litigation. If a merits hearing occurs and mature claims are not litigated, the claims are considered waived, and later litigation is precluded by application of the doctrine of res judicata.” Boynton Landscape v. Dickinson, 752 So. 2d 1236, 1237 (Fla. 1st DCA 2000), citing, e.g., Artigas v. Winn Dixie Stores, Inc., 622 So. 2d 1346 (Fla. 1st DCA 1993); Department of Transp. v. Greene, 699 So. 2d 1368 (Fla. 1st DCA 1992); Florida Power & Light Co. v. Haycraft, 421 So. 2d 674 (Fla. 1st DCA 1982). However, where a claim is based on newly discovered evidence, it cannot be barred for failure to raise it at an earlier proceeding, because it was not mature at the earlier proceeding. See Brantley v. Allen, 538 So. 2d 1338 (Fla. 1st DCA 1989).
In this case, Appellant obtained an MRI and discovered she had a TMJ injury after the two merits hearings. Prior to obtaining the MRI, she had been expressly advised that she had no TMJ problem. Thus, in reliance on this advice, she had no reason to litigate the issue, and did not do so. Because her claim for an alternate TMJ specialist was based on the newly discovered evidence that she had a TMJ injury, as revealed by the positive MRI, Appellant’s claim was not mature at the earlier merits hearings, and is not barred by res judicata.
For these reasons, the JCC’s order dismissing the claim is REVERSED and the case REMANDED for proceedings consistent with this opinion.
DAVIS and BENTON, JJ., concur.
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Thomas v. Eckerd Drugs and AIG, 987 So. 2d 1262 (Fla. 1st DCA 2008)…tion cases than in civil litigation. If a merits hearing occurs and mature claims are not litigated, the claims are considered waived, and later litigation is precluded by application of the doctrine of res judicata.” Correa v. Miami Airport Hilton, 813 So. 2d 1070, 1070-71 (Fla. 1st DCA 2002) (quoting Boynton Landscape v. Dickinson, 752 So. 2d 1236, 1237 (Fla. 1st DCA 2000) (citing, e.g., Artigas v. Winn Dixie Stores, Inc., 622 So. 2d 1346 (Fla' 1st DCA 1993))). However, where a claim is based on newly disco…
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Melida A. Demorizi v. Nestor M. Demorizi, 851 So. 2d 243 (Fla. 3d DCA 2003)…tion cases than in civil litigation. If a merits hearing occurs and mature claims are not litigated, the claims are considered waived, and later litigation is precluded by application of the doctrine of res judicata.” Correa v. Miami Airport Hilton, 813 So. 2d 1070, 1070-71 (Fla. 1st DCA 2002). Our rules governing “law of the case” and venue frequently cite to the avoidance of piecemeal litigation as its rationale. See, e.g., VL Orlando Bldg. Corp. v. AGD Hospitality Design & Purchasing, Inc., 762 So. 2d 956 (…
Authorities Cited
- Fla. Power & Light Co. v. Haycraft, 421 So. 2d 674 (Fla. 1st DCA 1982)
- Boynton Landscape & Liberty Mut. Ins. Co. v. Dickinson, 752 So. 2d 1236 (Fla. 1st DCA 2000)
- Estrella Artigas for Miguel Artigas v. Winn Dixie Stores, Inc., 622 So. 2d 1346 (Fla. 1st DCA 1993)
- Brantley v. Allen, 538 So. 2d 1338 (Fla. 1st DCA 1989)
- State of Florida/Department OF Transp. & Div. OF Risk Mgmt. v. Greene, 599 So. 2d 1368 (Fla. 1st DCA 1992)