AMBER HAMM, ON BEHALF OF AND AS NATURAL GUARDIAN FOR, THE MINOR CHILD, KIMBERLEE RAE HAMM, OF THE DECEDENT/EMPLOYEE JAMES MARTENS, APPELLANT,
v.
PMI EMPLOYEE LEASING AND COMPREHENSIVE INSURANCE SOLUTIONS, APPELLEES
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The Fourth DCA reversed a trial court's order that placed a childless decedent's residuary assets into newly-created irrevocable trusts for the benefit of his former wife's niece and nephew, finding the order contrary to Florida Statute section 732.507(2).
The trial court erred by placing the decedent's residuary assets into newly-created irrevocable trusts for the benefit of the former wife's niece and nephew, as this was contrary to section 732.507(2), Florida Statutes (2012).
[1] A Judge of Compensation Claims (JCC) lacks jurisdiction to address an employer/carrier's motion to determine beneficiaries of death benefits when no petition for benefits…
[2] The filing of a petition for benefits by a claimant invokes the jurisdiction of a Judge of Compensation Claims (JCC).
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Join FLexlaw to unlock all legal intelligenceA childless decedent divorced his wife and died before changing his will, which left his entire estate to his former wife and her relatives. The deced…
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In this workers’ compensation case, the minor child of the decedent employee challenges an order from the Judge of Compensation Claims (JCC) denying her death benefits payable under section 440.16, Florida Statutes (2012). The Employer/Carrier (E/C) here accepted the employee’s death as a compensable workplace injury and subsequently filed an emergency motion seeking to determine the beneficiaries of death benefits. No petition for benefits (PFB) or other claim for benefits was pending when the E/C filed its motion. Because we conclude the JCC lacked jurisdiction to address the E/C’s motion, we quash the order on appeal and remand with directions that the motion be dismissed for lack of jurisdiction. See Polk County v. Sofka, 702 So.2d 1243, 1245 (Fla.1997) (holding “‘the parties cannot stipulate to jurisdiction over the subject matter where none exists,’ and ‘[cjourts are bound to take notice of the limits of their authority and if want of jurisdiction appears at any state of the proceedings, original or appellate, the court should notice the defect and enter an appropriate order’ ” (citations omitted)).
This court has previously reversed findings of fraud under section 440.105(4)(b), Florida Statutes, holding that a JCC has no jurisdiction over this *1151affirmative defense in the absence of a pending PFB filed by the claimant. See Fla. Dep’t of Transp. v. Rippy, 67 So.3d 1122, 1123 (Fla. 1st DCA 2011) (holding jurisdiction of JCC is invoked with filing of PFB and employer/carrier has no statutory right to file PFB); see also Polston v. Hurricane Island Outward Bound, 920 So.2d 766, 767 (Fla. 1st DCA 2006); Simpson v. Am. Custom Interiors, 911 So.2d 794 (Fla. 1st DCA 2004). Similarly, the JCC here lacked jurisdiction to address death benefit entitlement on the E/C’s motion where no individual had filed a claim requesting the payment of such benefits. Under the self-executing system of workers’ compensation, the E/C was permitted to pay nothing based upon its own assessment of its liability. Instead, the E/C, by its motion, essentially requested an advisory or declaratory opinion for which there is no provision in Chapter 440. A JCC, however, has no powers beyond those specifically conferred by the statute. See Pace v. Miami-Dade Cnty. Sch. Bd., 868 So.2d 1286, 1287 (Fla. 1st DCA 2004).
Because we conclude the JCC did not have jurisdiction, we cannot reach the question of whether she erred when she concluded the natural minor child of the decedent is not entitled to death benefits due to a failure to prove dependency upon the decedent. We QUASH the order of the JCC and REMAND with directions that the JCC dismiss the motion for lack of jurisdiction.
PADOVANO, CLARK, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Polk Cnty. v. Sofka, 702 So. 2d 1243 (Fla. 1997)
- Janelle McMILLAN v. Dep't of Child. & Families, 868 So. 2d 1286 (Fla. 1st DCA 2004)
- Essex Ins. Co. v. Simpler, 911 So. 2d 794 (Fla. 1st DCA 2004)
- Simpson v. Am. Custom Interiors, 911 So. 2d 794 (Fla. 1st DCA 2004)
- Polston v. Hurricane Island Outward Bound & Zenith Ins. Co., 920 So. 2d 766 (Fla. 1st DCA 2006)
- Fla. Dep't OF Transp. & York Claims Serv., Inc. v. Donna K. (Ellison) Rippy, 67 So. 3d 1122 (Fla. 1st DCA 2011)