BRYAN LGH MEDICAL CENTER, APPELLANT,
v.
FLORIDA BEAUTY FLORA, INC. AND ASSOCIATED INDUSTRIES INSURANCE COMPANY, APPELLEES
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.
Bryan LGH Medical Center sought payment from an employer and workers' compensation carrier for emergency medical services provided to an employee. The Florida Court of Appeal affirmed dismissal for lack of jurisdiction, holding that while the hospital had standing to pursue the claim, the proper forum was the Department of Financial Services rather than the Judge of Compensation Claims.
While a health care provider has independent standing to bring a claim for payment against an employer or carrier under Florida's Workers' Compensation Law, the proper and exclusive forum for resolving reimbursement disputes is the Department of Financial Services, not the Judge of Compensation Claims.
[1] A health care provider has independent standing to bring a claim for payment for medical services alleged to be due from an employer or carrier under the Workers' Compens…
[2] A health care provider may not collect or receive a fee from an injured employee, but has recourse against the employer or carrier for services rendered.
Previewing 2 of 5 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“A health care provider may not collect or receive a fee from an injured employee within this state, except as otherwise provided by the chapter. Such providers have recourse against the employer or carrier for services rendered in accordance with this chapter.”
Establishes the statutory basis for independent standing of health care providers to pursue payment from employers or carriers.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBryan LGH Medical Center provided emergency medical services to Carlos Carrillo, an alleged employee of Florida Beauty Flora, Inc. Bryan sought paymen…
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 Jurisdiction Of Judge Of Compensation Claims cases and more on FLexlaw
Appellant, Bryan LGH Medical Center (Bryan), a hospital, challenges an order of the Judge of Compensation Claims (JCC) which dismisses for lack of jurisdiction, its claim for payment against Appellees, an employer and carrier (E/C), for emergency medical services furnished to Carlos Carrillo, an alleged employee of Florida Beauty Flora, Inc. We agree with Bryan that it has independent standing to bring a claim for payment for medical services it alleges are due from the E/C under the Workers’ Compensation Law. See Rebich v. Burdine’s, 417 So.2d 284 (Fla. 1st DCA 1982) (interpreting 1974 amendment to section 440.10(1) as creating independent standing on behalf of physician to bring an action against insurance company for payment of bills); see also § 440.13(14), Fla. Stat. (2006) (“A health care provider may not collect or receive a fee from an injured employee within this state, except as otherwise provided by the chapter. Such providers have recourse against the employer or carrier for services rendered in accordance with this chapter.”). However, the proper forum for disposition of this dispute is within the Department of Financial Services. See § 440.13(7)(a), Fla. Stat. (2009) (providing health care provider’s petition for payment of medical services “must” be filed with Department of Financial Services); § 440.13(ll)(c), Fla. Stat. (2009) (stating Department of Financial Services has “exclusive jurisdiction to decide any matters concerning reimbursement”); Avalon Ctr. v. Hardaway, 967 So.2d 268, 273 (Fla. 1st DCA 2007) (holding JCC does not have jurisdiction over reimbursement dispute because jurisdiction is vested in another agency); see also Terners of Miami Corp. v. Freshwater, 599 So.2d 674, 675 (Fla. 1st DCA 1992) (en banc) (explaining July 1, 1990 legislative amendments vesting jurisdiction in Division of Workers’ Compensation to resolve reimbursement disputes are procedural changes that divest JCC of jurisdiction to resolve such disputes). Accordingly, because the JCC did not have jurisdiction over the particular dispute raised in Bryan’s claim, we AFFIRM.
DAVIS, BENTON, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kitty Cook v. Palm Beach Cnty. Sch. Bd. & F.A. Richard & Assocs., 51 So. 3d 619 (Fla. 1st DCA 2011)…carrier concerning payment for medical treatment” is a reimbursement dispute. The Department of Financial Services has exclusive jurisdiction over such disputes. See § 440.13(11)(c), Fla. Stat. (2009); Bryan LGH Med. Ctr. v. Fla. Beauty Flora, Inc., 36 So. 3d 795, 796 (Fla. 1st DCA 2010). Accordingly, the JCC lacked jurisdiction over Claimant’s petition and correctly granted the E/C’s motion for summary final order. See Avalon Ctr. v. Hardaway, 967 So. 2d 268, 273 (Fla. 1st DCA 2007) (holding JCC does not ha…
-
Flagler Hosp. Inc. v. Ass'n Ins. Co., 133 So. 3d 644 (Fla. 1st DCA 2014)…011) (holding the Department does not have jurisdiction over medical provider’s claim for reimbursement of medical charges where compensability of injury for which services were provided is in dispute), with Bryan LGH Med. Ctr. v. Fla. Beauty Flora, 36 So. 3d 795, 796 (Fla. 1st DCA 2010) (holding Judge of Compensation Claims does not have jurisdiction over reimbursement dispute actionable under section 440.13(7)(a)). Here, because compensability has yet to be established, the health care provider’s claim doe…
Authorities Cited
- Terners OF Miami Corp. & Atlas Gen. v. Freshwater, 599 So. 2d 674 (Fla. 1st DCA 1992)
- The Avalon Ctr. & Unisource Administrators v. Hardaway, 967 So. 2d 268 (Fla. 1st DCA 2007)
- Rebich v. Burdine's & Liberty Mut. Ins. Co., 417 So. 2d 284 (Fla. 1st DCA 1982)