BOBBIE COVELL, APPELLANT,
v.
CRACKER BARREL OLD COUNTRY STORE, INC. AND CCMSI, APPELLEES
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In this workers’ compensation appeal, Claimant challenges a nonfinal order of the Judge of Compensation Claims (JCC) denying her motion to compel the Employer/Carrier to produce documents previously the subject of a written request to produce. In the appealed order, the JCC denied the motion on the ground that he lacked jurisdiction over the motion because no petition for benefits (PFB) had been filed. We conclude that a JCC has jurisdiction to compel the production of documentary evidence, even before the filing of a PFB. See Canovas v. Sugar Supply, Inc., 921 So.2d 26 (Fla. 1st DCA 2006). In reaching this conclusion, we address only the jurisdictional issue and not whether Claimant is entitled to the discovery requested. See Stanberry v. Escambia County, 813 So.2d 278, 279 (Fla. 1st DCA 2002) (explaining review of nonfinal *992order is limited to only appealable portions of such order).
REVERSED AND REMANDED for further proceedings consistent with this opinion.
CLARK, ROWE, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vazquez v. Romero, 179 So. 3d 402 (Fla. 1st DCA 2015)…131 So. 2d 1 (Fla.1961) (permitting deposition of injured worker when carrier was voluntarily providing benefits, worker was accepting them, and worker subsequently filed formal claim for benefits); Covell v. Cracker Barrel Old Country Store, Inc., 118 So. 3d 991 (Fla. 1st DCA 2013) (holding JCC has subject matter jurisdiction over discovery requests filed by injured worker who is pursuing benefits, even before PFB is filed); Shannon v. Cheney Bros. Inc., 98 So. 3d 1228 (Fla. 1st DCA 2012) (permitting JCC to…
Authorities Cited
- Earnest Stanberry, Jr. v. Escambia Cnty., 813 So. 2d 278 (Fla. 1st DCA 2002)
- B.P. and R.P. v. G.A.R. and W.M.R., 921 So. 2d 26 (Fla. 5th DCA 2006)
- Canovas v. Sugar Supply, Inc., 921 So. 2d 26 (Fla. 1st DCA 2006)