LINCOLN ASSOCIATES & CONSTRUCTION, INC. AND GUARANTEE INSURANCE COMPANY, APPELLANTS,
v.
WENTWORTH CONSTRUCTION COMPANY, INC. AND SUMMIT HOLDINGS-CLAIMS CENTER AND JOSE ARMANDO MEJIA, APPELLEES
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The Florida First District Court of Appeal reversed a workers' compensation judge's order striking the defenses of Lincoln Associates & Construction and Guarantee Insurance Company for failing to appear at depositions. The court held that before imposing such severe sanctions, the judge must make explicit findings that the party willfully disregarded the judge's authority, not merely that no good cause was shown for non-appearance.
The court held that the judge abused his discretion. Florida law requires that before striking defenses as a sanction, the judge must find willful disregard of the judge's authority. The summary striking of defenses without such findings was improper, and the order must be reversed and remanded with directions that if the judge determines defenses should be struck, the order must include findings of willfulness.
[1] A Judge of Compensation Claims must find a willful disregard for authority before imposing sanctions, such as striking defenses, for failure to comply with discovery orde…
[2] A Judge of Compensation Claims' order imposing sanctions must describe the conduct constituting a violation and explain the basis for the sanction.
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“Any order imposing sanctions shall describe the conduct determined to constitute a violation of the rule and explain the basis for the sanction imposed.”
Florida Administrative Code requirement for proper sanction orders that the JCC failed to satisfy
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Join FLexlaw to unlock all legal intelligenceClaimant filed petitions for workers' compensation benefits against Lincoln/Guarantee and Wentworth/Summit, both of whom denied the claimant was their…
The full statement of facts, procedural history, and disposition for this case are member content.
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Lincoln Associates & Construction, Inc. and Guarantee Insurance Company (Lincoln/Guarantee) argue the Judge of Compensation Claims (JCC) abused his discretion by striking their defenses because a representative of Lincoln Associates failed to submit to discovery on two occasions. Because we agree, we need not reach Lincoln/Guarantee’s second issue, whether the JCC abused his discretion in refusing to consider proffered testimony. Finally, because we granted Lincoln/Guarantee’s petition for writ of certiorari in Lincoln Associates & Construction, Inc. v. Wentworth Construction Co., 26 So.3d 638 (Fla. 1st DCA 2010), we vacate the JCC’s order and remand this matter for further proceedings consistent with these opinions.
Claimant filed petitions for benefits against Lincoln/Guarantee and Wentworth Construction Company, Inc. and Summit Holdings-Claims Center (Went-worth/Summit). Both employer/carriers denied Claimant was their employee entitled to workers’ compensation benefits under their respective workers’ compensation policies. Claimant noticed the deposition of Lincoln Associates for October *15613, 2008. Because Lincoln’s representative failed to appear, Claimant filed a motion to compel discovery and impose sanctions. On February 10, 2009, the JCC ordered Lincoln to submit to a deposition and reserved jurisdiction for the imposition of sanctions, including the possibility of striking defenses should Lincoln fail to appear a second time. After Lincoln once again failed to appear for a scheduled deposition, Claimant filed a motion to strike Lincoln’s defenses and for sanctions. At the hearing on the motion, the JCC announced that “[biased on the employer’s failure to attend the depositions in violation of [his] earlier order, [he was] striking the defenses of employer/carrier number 1 as it relates to the employer/employee relationship and compensability.” The JCC’s order found only that “[n]o good cause [was] shown for the employer’s failure to make discovery.”
Florida Administrative Code Rule 60Q-6.125(6) requires that “[a]ny order imposing sanctions shall describe the conduct determined to constitute a violation of the rule and explain the basis for the sanction imposed.” This court has instructed on several occasions that it is necessary for the JCC to find a party willfully disregarded the JCC’s authority before imposing sanctions. See Fuentes v. EMBRO Inc., 8 So.3d 389, 390 (Fla. 1st DCA 2009) (holding “dismissal is too harsh a sanction for failing to attend a pretrial hearing, even where good cause cannot be shown, absent willful disregard for the JCC’s authority”); Hadden v. Fla. Med. Ctr., 986 So.2d 651, 652 (Fla. 1st DCA 2008) (reversing JCC’s order striking petitions for benefits for failure to attend scheduled mediations because “it did not contain ‘the required finding that [claimant’s] failure to appear resulted from a willful disregard of the [judge’s] authority’ ”); Martinez v. Collier County Pub. Sch., 804 So.2d 559, 560-61 (Fla. 1st DCA 2002) (reversing order because it did not include required finding that failure to appear was in “willful disregard of the JCC’s authority,” and dismissal was too severe without evidence that counsel’s failure to appear was flagrant or willful disregard of JCC’s order or authority).
Here, the JCC failed to make any findings; rather, he summarily struck Lincoln/Guarantee’s defenses. Accordingly, we reverse the order striking Lincoln/Guarantee’s defenses as they relate to the employer/employee relationship and compensability of the accident. If the JCC determines on remand that Lincoln/Guarantee’s defenses should again be struck, the order must include findings of willfulness on Lincoln’s part in failing to submit to discovery. Based upon our disposition of this issue, the remainder of the JCC’s order is vacated.
REVERSED and REMANDED, with directions.
KAHN, BENTON, and THOMAS, JJ., concur.
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Soca v. Advanced Auto Parts & Sedgwick Claims Servs., Inc., 185 So. 3d 1258 (Fla. 1st DCA 2016)…ing party.” On this point we note only that on remand the JCC is to apply the proper legal test for sanctions, which is whether the offending party “willfully disregarded the JCC’s authority,” Lincoln Assoc. & Constr., Inc. v. Wentworth Constr. Co., 38 So. 3d 155, 156 (Fla. 1st DCA 2010), or whether the cost proceedings were “maintained or continued frivolously” or whether the motion to tax costs was “well grounded in fact and ... warranted by existing law or a good faith argument” for modification or extens…
Authorities Cited
- Martinez v. Collier Cnty. Pub. Schs., 804 So. 2d 559 (Fla. 1st DCA 2002)
- Lincoln Assocs. & Constr., Inc. v. Wentworth Constr. Co., Inc., 26 So. 3d 638 (Fla. 1st DCA 2010)
- Lewis v. State, 986 So. 2d 651 (Fla. 4th DCA 2008)
- Fuentes v. Embro Inc., 8 So. 3d 389 (Fla. 1st DCA 2009)