OTHO RIGGLE, PETITIONER,
v.
BOARD OF COUNTY COMMISSIONERS, UNDERWRITERS ADJUSTING CO., AND THE INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS
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The Florida Supreme Court held that the Industrial Relations Commission has authority to review a Judge of Industrial Claims' order certifying non-payment of transcript costs in an appeal, rejecting the Commission's narrow interpretation of its review jurisdiction under the Workmen's Compensation Law.
The Industrial Relations Commission has authority to review such certification orders. The Commission's review jurisdiction is not limited solely to 'compensation orders' making awards or rejecting claims, but extends to reviewing its own rules and hearing objections to their application, as authorized by the statutory provisions governing the Commission's powers and procedures.
[1] The Industrial Relations Commission possesses inherent power to review orders of a Judge of Industrial Claims, beyond those explicitly defined as "compensation orders."
[2] The Industrial Relations Commission has the authority to interpret and enforce its own procedural rules, including those governing the payment of transcript costs for app…
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“if § 440.25(4) (b) authorizes the Commission to regulate appeals before that body it also authorizes the Commission to interpret its own regulations and to hear objections to them by parties aggrieved by their application.”
The court's rationale that the Commission's rule-making authority necessarily includes authority to review challenges to those rules.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOtho Riggle attempted to appeal a compensation order from a Judge of Industrial Claims but failed to prepay the cost of the transcript within the time…
The full statement of facts, procedural history, and disposition for this case are member content.
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CARLTON, Chief Justice.
The only issue before us on this petition for writ of certiorari is whether or not the Industrial Relations Commission may review an order of a Judge of Industrial Claims certifying to the Commission, pursuant to Rule 6 of the Commission’s Rules of Procedure, the non-payment of the cost of a transcript by a party attempting to appeal a compensation order of the Judge. The Commission held that it could not review such a certification order, but we disagree.
The basis for the Commission’s decision was the opinion that its only source of authority for reviewing orders of a Judge of Industrial Claims is contained in Fla.Stat. § 440.25(4) (a), F.S.A., which provides for review of any “compensation Order”. The Commission considered this term to be defined, in effect, by Fla.Stat. § 440.-25(3)(c), F.S.A., which begins:
“The order making an award or rejecting the claim (referred to in this chapter as a compensation Order). . . .”
Obviously, an order certifying non-payment of costs is not one which makes an award or rejects a claim. Therefore, in the Commission’s view, it is not reviewable.
The Commission’s conclusion is based upon the incorrect assumption that its only review authority is contained in § 440.-25(4) (a). Under the circumstances of this case, we are of the opinion that several other sections of the Workmen’s Compensation Law supply the Commission with inherent power to review the Judge’s order. At the heart of this case is § .440.-25 (4) (b) which establishes the requirement that a party appealing a compensation order prepare a transcript “in accordance with such rules as the division may prescribe”. IRC Rule 6 goes further than the statute by requiring the appellant to pay the cost of transcript within a certain time (unless indigent). When the cost is not paid within the time limit, the rule requires the Judge of Industrial Claims to certify this fact to the Commission, whereupon the appeal will be automatically dismissed. The prepayment of costs, the non-payment certification, and the automatic dismissal are all creations of the Commission; they are not specifically provided for by any Florida statute. The Commission, however, feels that it cannot entertain petitioner’s objections to such prepayment and automatic dismissal, as well as his principal complaint, which is the Commission’s interpretation of the statute and Rule as requiring payment for a complete transcript in every appeal. It logically follows, however, that if § 440.25(4) (b) authorizes the Commission to regulate appeals before that body it also authorizes the Commission to interpret its own regulations and to hear objections to them by parties aggrieved by their application.
In addition, § 440.33(1) (Powers of Commission) provides, in part, that “The division or commission may ... do all things conformable to law which may be necessary to enable it effectively to discharge the duties of its office.” Also, § 440.25(1) (Procedures • in Respect to Claims) states that “. . . the division shall have full power and authority to hear and determine all questions in respect to such claims.”
In light of the statutory authority cited above, we hold that the Commission has been unduly restrictive in interpreting its own jurisdiction in this cause. Therefore, the writ of certiorari is granted, the Commission is reversed, and the cause is remanded to the Commission for consideration of the points raised by petitioner concerning IRC Rule 6.
It is so ordered.
ROBERTS, ERVIN, ADKINS and BOYD, JJ., concur.
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Sanchez v. Am. Motor INN OF Fort Lauderdale, 289 So. 2d 401 (Fla. 1973)…PER CURIAM. This cause is remanded to the Industrial Relations Commission upon the authority of Riggle v. Board of County Commissioners, Fla., 284 So. 2d 194, Opinion filed September 26, 1973, to review the order of the Judge of Industrial Claims of March 15, 1973 certifying Petitioner’s failure to timely deposit transcript costs on appeal to the Commission pursuant to Rule 6, IRC Rules of Procedure. It…