AMERISURE INSURANCE COMPANY-FL, APPELLANT,
v.
MARTIN MEMORIAL MEDICAL AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, APPELLEE
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Appellant, a workers’ compensation carrier, challenges a final order from the Workers’ Compensation Division of the Department for Financial Services (the Department). The order found that Appellant did not properly reimburse Appel-lee, a hospital, for its care of an injured employee. We hold the Department lacked "subject matter jurisdiction to rule on the Petition for Reimbursement as the medical benefits were denied based on the non-compensability of the worker’s heart condition. See § 440.13(11)(c), Fla. Stat. (2010) (providing the Department with exclusive jurisdiction over reimbursement disputes and overutilization); see also Westinghouse Elec. v. Widlan, 623 So.2d 511 (Fla. 1st DCA 1993) (holding a Judge of Compensation Claims (JCC) has jurisdiction over issues concerning compensa-bility); Carswell v. Broderick Constr., 583 So.2d 803 (Fla. 1st DCA 1991) (explaining the responsibilities and duties of the Department versus a JCC). Consequently, we REVERSE and REMAND to the Department for dismissal based on lack of subject matter jurisdiction.
HAWKES, THOMAS, and ROBERTS, JJ., concur.
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Podolsky v. State, 118 So. 3d 258 (Fla. 2d DCA 2013)…479, 489 (Fla. 2d DCA 1998). Mr. Podolsky did not knowingly waive his right to counsel; nevertheless, the court proceeded to find him guilty of indirect criminal contempt and sentenced him to six months in jail. This was error. See Ensign v. State, 67 So. 3d 353, 354-55 (Fla. 2d DCA 2011) (citing Ingram v. State, 933 So. 2d 734, 735 (Fla. 2d DCA 2006)). Accordingly, the judgment and sentence for indirect criminal contempt must be reversed. Reversed and remanded. CRENSHAW and SLEET, JJ., Concur.…
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Flagler Hosp. Inc. v. Ass'n Ins. Co., 133 So. 3d 644 (Fla. 1st DCA 2014)…tter jurisdiction over the claim. We AFFIRM because the Department lacks jurisdiction over a claim for the reimbursement of medical bills until the compensability of the claim is established. Compare Amerisure Ins. Co.-Fl. v. Martin Mem’l Med. Ctr., 67 So. 3d 353, 353 (Fla. 1st DCA 2011) (holding the Department does not have jurisdiction over medical provider’s claim for reimbursement of medical charges where compensability of injury for which services were provided is in dispute), with Bryan LGH Med. Ctr. v…
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- Carswell v. Broderick Constr. & State Farm Ins. Co., 583 So. 2d 803 (Fla. 1st DCA 1991)
- Westinghouse Elec. & Gates McDonald & Co. v. Widlan, 623 So. 2d 511 (Fla. 1st DCA 1993)