LIFE CARE CENTER OF WINTER HAVEN AND GALLAGHER BASSET SERVICES, INC., APPELLANTS,
v.
VALERIE A. BENJAMIN, APPELLEE
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The court dismissed an appeal of a workers' compensation order because the judge reserved jurisdiction over the calculation of permanent impairment benefits, making the order nonfinal and nonappealable.
An order that sets forth the manner of calculating permanent impairment benefits but reserves jurisdiction to determine the exact dollar amounts due is nonfinal and nonappealable.
[1] An order that reserves jurisdiction to determine the precise dollar amount of benefits due is nonfinal and nonappealable, even if it establishes the methodology for calcu…
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Join FLexlaw to unlock all legal intelligence“where JCC reserved on precise amount of medical bills appellate court did not have jurisdiction over issue of whether JCC erred awarding such payment”
Court cited Martin County Bd. of County Commr's v. Jones to support the principle that reservation of jurisdiction over precise amounts renders an order nonappealable.
An employer/carrier appealed a Judge of Compensation Claims order regarding permanent impairment benefits for an injured claimant. The order directed …
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The employer/carrier (E/C) challenge an order of the Judge of Compensation Claims (JCC) that generally sets forth the manner in which permanent impairment benefits are to be calculated and paid. Nevertheless, the order on appeal does not calculate the dollar amount of permanent impairment benefits to which Claimant is entitled, the essential issue tried below. Instead, the JCC directed the parties to administratively determine additional facts and calculate the benefits thereon. Additionally, the JCC reserved jurisdiction to determine the exact amounts due and owing should the parties be unable to reach an agreement. Because the order does not finally resolve the central issue brought to trial, the order is nonfinal and nonappealable, and the E/C’s appeal is DISMISSED. See Fla. R.App. P. 9.180(1); see also Martin County Bd. of County Commr’s v. Jones, 595 So.2d 125, 128 (Fla. 1st DCA 1992) (holding where JCC reserved on precise amount of medical bills appellate court did not have jurisdiction over issue of whether JCC erred awarding such payment); Betancourt v. Sears Roebuck Co., 693 So.2d 680 (Fla. 1st DCA 1997) (stating where JCC reserves ruling on a claim that is ripe for adjudication, order is not yet final or appealable).
DISMISSED.
VAN NORTWICK, and PADOVANO, JJ., and BROWNING, JR., EDWIN B., Senior Judge, concur.
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Seminole Cnty. Gov't & Johns E. Co., Inc. v. Kimmel, 36 So. 3d 930 (Fla. 1st DCA 2010)
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Seminole Cnty. Sch. Bd. & Fla. Sch. Bds. Ins. Tr. v. Hattie Lee-Davis, 44 So. 3d 1281 (Fla. 1st DCA 2010)
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Silva v. Monarch Sec. Servs., Inc., 60 So. 3d 1076 (Fla. 1st DCA 2010)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Betancourt v. Sears Roebuck & Co. & Kemper Ins. Co., 693 So. 2d 680 (Fla. 1st DCA 1997)
- Martin Cnty. Bd. OF Cnty. Comm'rs & Commercial Risk Mgmt. v. Jones, 595 So. 2d 125 (Fla. 1st DCA 1992)