ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
PATRICIA BOLLARD, APPELLEE
ALLSTATE INSURANCE COMPANY, APPELLANT,
PATRICIA BOLLARD, APPELLEE
527 So. 2d 289
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This appeal is brought by an insurance carrier from a final judgment entered on an Application for Rule Nisi to enforce a workers’ compensation order. A carrier may not defend against a rule nisi application by showing that it is justified in unilaterally suspending compensation. A justification defense which goes to the merits of the case is beyond the jurisdiction of the circuit court to consider. The sole inquiry on a rule nisi application is whether the compensation order is in full force and effect. “The claimant is entitled to have such order enforced until the order has been modified by the Deputy Commissioner pursuant... to an application by the carrier.” Troy Desk Mfg. Co. v. Troy, 448 So. 2d 46, 47 (Fla. 3d DCA 1984).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Metro. Dade Cnty. & Metro. Dade Cnty. Self-Insurance v. Rolle, 661 So. 2d 124 (Fla. 1st DCA 1995)…pensation claims. The circuit court has no jurisdiction in a rule nisi proceeding under subsection 440.24(1) to modify the workers’ compensation order sought to be enforced. As the Third District concisely ruled in Allstate Insurance Co. v. Bollard, 527 So. 2d 289 (Fla. 3d DCA 1988): A carrier may not defend against a rule nisi application by showing that it is justified in unilaterally suspending compensation. A justification defense which goes to the merits of the ease is beyond the jurisdiction of the cir…
-
City OF Hollywood & Fla. Mun. Ins. Trust/Florida League of Cities, Inc. v. Benoit, 1 So. 3d 1142 (Fla. 4th DCA 2009)…ding compensation. A justification defense which goes to the merits of the case is beyond the jurisdiction of the circuit court to consider.” Metro. Dade County v. Rolle, 661 So. 2d 124, 126 (Fla. 1st DCA 1995) (quoting Allstate Ins. Co. v. Bollard, 527 So. 2d 289 (Fla. 3d DCA 1988)). The stipulation incorporated into the JCC’s order provided that: “The Employer/Carrier agrees to provide round the clock attendant care for the claimant, including twelve hours per day to be provided by [the mother] at the mini…
Authorities Cited
- Troy Desk Mfg. Co., Inc. v. Troy, 448 So. 2d 46 (Fla. 3d DCA 1984)