EARLY BIRD STUD FARM AND CORPORATE GROUP SERVICE, APPELLANTS,
v.
EDWARD J. DECKER, APPELLEE
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.
The court held that it lacks jurisdiction to review non-final workers' compensation orders.
Employer/carrier sought to appeal an order from the deputy commissioner that decided in favor of the claimant on the sole issue of compensability. The…
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.
PER CURIAM.
Employer/carrier seek to appeal an order of the deputy commissioner which decided in favor of claimant the sole stipulated issue of compensability of the claim. The scope of the hearing was so limited and the order was intentionally silent as to the injuries sustained or benefits due.
Decker’s claim and the pretrial stipulation sought all benefits afforded by law including medical, mileage, temporary total disability, costs, interest, penalties and attorney’s fees. The record indicates no resolution of these issues. The record contains no agreement of the parties that would preclude further hearing and possible appellate review. Consequently, the issue of compensability, to which the parties by stipulation limited the scope of the hearing, is apparently not to be the only outstanding point in controversy. In short, we are asked to review an interlocutory order. This Court is without jurisdiction to review by appeal non-final workers’ compensation orders. The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982); General Electric Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982).
Accordingly, the appeal is dismissed sua sponte without prejudice to the appellants to seek review of the compensability issue in the event of an appeal from a final order awarding benefits.
BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hoboken Drywall Co. & Commercial Union Ins. Co. v. Telfair, 417 So. 2d 1169 (Fla. 1st DCA 1982)…reat the appeal as a petition for writ of certiorari and accept jurisdiction under rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure. Mills Electric Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982); Early Bird Stud Farm v. Decker, 416 So. 2d 860 (Fla. 1st DCA 1982). Our review shows that the alleged injury occurred in Broward County, that the employer/carrier did not receive notice of the claim or the motion for change of venue and did not agree to the change. Section 440.25(3)(b), Florid…
Authorities Cited
- The Wash House & S.C. Ins. Co. v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982)
- Gen. Elec. Co. & Elec. Mut. Liab. Ins. Co. v. Hawkins, 413 So. 2d 836 (Fla. 1st DCA 1982)
- Cast Crete Corp. & R. P. Hewitt & Assocs. v. Turner, 413 So. 2d 836 (Fla. 1st DCA 1982)