SHEFFIELD STEEL PRODUCTS AND FCCI FUND, APPELLANTS,
v.
GARY TRIPP, APPELLEE
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The court dismissed an appeal of a workers' compensation order because the deputy commissioner failed to resolve all ripe issues, rendering the order non-final and not appealable.
An order from a workers' compensation deputy commissioner that reserves jurisdiction over matured issues is interlocutory and not appealable.
[1] An order in workers' compensation proceedings that resolves some but not all ripe issues is interlocutory and not appealable, even if it addresses the threshold question…
Previewing 1 of 1 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 deputy may also enter interim orders as to a portion of a claim before him, but by definition such a ruling is interlocutory when it disposes of less than all matters which are ripe for determination and not stipulated between the parties on the claim.”
The court explained the distinction between final and interlocutory orders in workers' compensation proceedings.
Sheffield Steel Products and FCCI Fund appealed a deputy commissioner's order finding that the claimant's neck injuries were compensable but reserving…
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PER CURIAM.
The employer/carrier appeals an order of the deputy commissioner which did not dispose of all matured issues in controversy between the parties. In her order, the deputy found that the injuries to the claimant’s neck were the result of a compensable accident and the deputy purported to reserve jurisdiction “to determine the extent and period of such disability and/or wage loss benefits.” However, such issues were ripe for determination and, thus, the order was non-final and not appealable. See Mills Electrical Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982). In Town of Palm Beach, supra, this Court stated:
Compensation proceedings may, of course, generate successive appealable final orders, each covering all benefits then due and not agreed between the parties. Hunt v. International Minerals, 410 So. 2d 640 (Fla. 1st DCA 1982). A deputy may also enter interim orders as to a portion of a claim before him, but by definition such a ruling is interlocutory when it disposes of less than all matters which are ripe for determination and not stipulated between the parties on the claim.
The appeal is, therefore, dismissed sua sponte without prejudice to review of the order in the event of appeal from a final order on the claim.
LARRY G. SMITH, JOANOS and NIM-MONS, JJ., concur.
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Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)…h the JCC reserved jurisdiction on mature issues, and she cites Southern Wine & Spirits, Inc. v. Hernandez, 442 So. 2d 1061 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); and Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983), as supporting authority. Claimant contends that the outcome of the jurisdictional question is instead controlled by such cases as Dunn Lumber & Supply Co. v. Roy, 382 So. 2d 51 (Fla. 1st DCA 1980); Estech General Chemicals Corp…
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S. Wine & Spirits, Inc. v. Felipe Hernandez and the Division of Workers' Compensation, 442 So. 2d 1061 (Fla. 1st DCA 1983)…olved issues” including entitlement to payment of various medical bills. The order does not resolve all matured issues in controversy, and is therefore an interlocutory order not presently reviewable by appeal. See Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Mills Electrical Contractors v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1983); The Wash House v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982). The appeal is sua sp…
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Indus. Steel & CNA Ins. Grp. v. Robinson, 444 So. 2d 1117 (Fla. 1st DCA 1984)…cause this order disposes of less than all matters which are ripe for determination it is interlocutory and not reviewable by appeal. Southern Wine & Spirits, Inc. v. Hernandez, 442 So. 2d 1061 (Fla. 1st DCA 1983); Sheffield Steel Products v. Tripp, 433 So. 2d 46 (Fla. 1st DCA 1983); Davis v. Hunt, 432 So. 2d 650 (Fla. 1st DCA 1983); La Croix Construction Co. v. Bush, 431 So. 2d 712 (Fla. 1st DCA 1983); Town of Palm Beach v. Watts, 426 So. 2d 1312 (Fla. 1st DCA 1982); Crown Hotel v. Friedman, 420 So. 2d 418…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hunt v. Int'l Minerals & Chem. Corp., 410 So. 2d 640 (Fla. 1st DCA 1982)
- The Wash House & S.C. Ins. Co. v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982)
- Seidlin v. State, 426 So. 2d 1312 (Fla. 4th DCA 1983)
- Mills Elec. Contractors & Old Republic Ins. Co. v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982)