CRIMS/PCA SOLUTIONS AND TRAVELERS INDEMNITY COMPANY, APPELLANTS,
v.
LETA COLLIER, 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.
CRIMS/PCA Solutions and Travelers Indemnity Company appealed two workers' compensation orders: one finding compensability based on procedural default under Waffle House v. Hutchinson, and another awarding psychiatric care after an emergency conference. The court reversed both orders, finding that Waffle House had been overruled by North River Insurance Co. v. Wuelling and that the judge of compensation claims lacked jurisdiction to award psychiatric care while the compensability issue was on appeal.
The court reversed the compensability order, receding from Waffle House on the authority of North River Insurance Co. v. Wuelling. The court also reversed the order awarding psychiatric care, holding that the judge of compensation claims lacked jurisdiction to enter the order because compensability had been adjudicated and was the subject of a pending appeal.
[1] A judge of compensation claims may not award psychiatric care after an emergency conference when the compensability of the entire claim is the subject of a pending appeal…
[2] A judge of compensation claims retains jurisdiction to decide issues that have not been adjudicated and are not the subject of pending appellate review.
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“the judge of compensation claims "retains jurisdiction to decide the issues that have not been adjudicated and are not the subject of pending appellate review."”
Establishes the jurisdictional limitation on the judge of compensation claims when appeals are pending
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants appealed two final orders in workers' compensation cases. The first order found compensability based on a procedural default, relying o…
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.
Explore caselaw by topic → Browse Jurisdiction During Appeal cases and more on FLexlaw
[*1232] PER CURIAM.
CRIMS/PCA Solutions and Travelers Indemnity Company appeal from two final orders entered by the judge of compensation claims: the order under review in case No. 96-4045 found compensability on the basis of a procedural default, relying on Waffle House v. Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996), review denied, 683 So. 2d 486 (Fla.1996); and the order under review in case No. 96-4506 awarded psychiatric care after a section 440.25 emergency conference, notwithstanding a pending appeal in the main case. We consolidated the appeals. The judge of compensation claims did not have the benefit of our opinion in North River Insurance Co. v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996), in which we receded from Waffle House. On the authority of Wuelling we reverse the order finding compensability, and remand for further proceedings on the merits.
We also reverse the order awarding psychiatric care after an emergency conference. The judge of compensation claims was without jurisdiction to enter this order. At the time it was entered, the final order which adjudicated the compensability of the entire claim was the subject of a pending appeal. Under Florida Rule of Appellate Procedure 9.180(c)(1), the judge of compensation claims “retains jurisdiction to decide the issues that have not been adjudicated and are not the subject of pending appellate review.” But the issue of compensability had been adjudicated and was the subject of a pending appeal. On remand, however, no such impediment will preclude consideration of the claimant’s motion for an emergency conference.
Both orders appealed are reversed and the case is remanded.
BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The N. River Ins. Co. v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996)
- Waffle House & O'Steen Adjusting Servs. v. Lecia Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996)