MARK J. FELDMAN, APPELLANT,
v.
DEAL'S SEAFOOD/CIGNA, APPELLEE
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The appellate court reversed a sanctions order against a claimant's attorney, finding the judge of compensation claims lacked authority to sanction the attorney for missing a mediation conference that had been waived. However, the court strongly disapproved of the attorney's conduct.
No, the judge of compensation claims did not have the authority to impose sanctions under the cited rules and statute because the mandatory mediation conference had been waived and no subsequent order had been entered referring the parties to mediation.
[1] A judge of compensation claims lacks authority to impose sanctions for failure to appear at a mediation conference if the mandatory mediation conference has been waived a…
[2] A judge of compensation claims is authorized to impose sanctions for failure to appear at a mediation conference when the initial mediation conference has not been waived…
Previewing 2 of 4 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“Because he had received a waiver of the mandatory mediation conference under Florida Rule of Workers’ Compensation 4.310, and no subsequent order had been entered referring the parties to mediation under Rule 4.340, we find that under the particular facts of this case, the JCC did not have the authority to impose sanctions under Rule 4.360(b), or under Rule 4.150, or under section 440.33, Florida Statutes (1995).”
establishes the basis for reversing the sanctions order.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe claimant's attorney obtained a waiver for a mandatory mediation conference and agreed to a private mediation. The attorney then insisted on in-per…
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BARFIELD, Chief Judge.
The claimant’s attorney challenges an order of the judge of compensation claims (JCC) imposing sanctions upon him for failing to appear at a private mediation conference. Because he had received a waiver of the mandatory mediation conference under Florida Rule of Workers’ Compensation 4.310, and no subsequent order had been entered referring the parties to mediation under Rule 4.340, we find that under the particular facts of this case, the JCC did not have the authority to impose sanctions under Rule 4.360(b), or under Rule 4.150, or under section 440.33, Florida Statutes (1995). We note, however, that when the initial mediation conference has not been waived, or when a JCC has entered an order referring any claim or petition or any selected issues to mediation, either sua sponte or on motion of an interested party or on the parties’ stipulation, the JCC is authorized under Rule 4.360(b) to impose sanctions for the failure of a party to appear at the duly noticed mediation conference without good cause.
We strongly disapprove of the actions of the claimant’s attorney, who obtained a waiver of the mandatory mediation conference by informally agreeing with the employer/carrier’s attorney to private mediation, then insisted that the carrier’s adjuster drive to Miami from Jacksonville to attend the agreed-upon private mediation conference in person instead of by telephone, and then informed the employer/carrier’s attorney at the eleventh hour that because of his busy schedule he would not attend the mediation conference, after the employer/carrier had scheduled the conference, incurred the travel expenses of the adjuster, and became liable for the mediator’s “disruption fee” for cancelling the conference within hours of the scheduled time.
The part of the order awarding a sanction of $214.84 against Mark J. Feldman is REVERSED. Both motions for appellate attorney fees are DENIED. Mark J. Feldman is ORDERED not to charge the claimant, Jose Angel Alvarado, an attorney fee or any costs for this appeal.
ERVIN and KAHN, JJ., concur.