THOMAS J. SILVERNAIL, APPELLANT,
v.
CITY OF TAMPA/COMMERCIAL RISK MANAGEMENT, APPELLEE
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In a workers' compensation case, the Florida District Court of Appeal affirmed the Judge of Compensation Claims' denial of compensability for a claimant's bradycardia condition, holding that an estoppel argument raised on appeal was not properly preserved because it was not meaningfully presented to the lower court before an untimely motion for reconsideration.
The Court held that the estoppel argument was not properly preserved for appeal because it was not presented to the Judge of Compensation Claims in any meaningful way until the untimely motion for reconsideration. Accordingly, the order denying compensability and payment of medical bills was affirmed.
[1] An issue is preserved for appeal only if it was presented to the lower court with the specific legal argument to be raised on appeal.
[2] An untimely motion for reconsideration is insufficient to preserve an issue for appellate review.
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Join FLexlaw to unlock all legal intelligence“For an issue to be preserved for appeal, it must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.”
Establishes the governing standard for issue preservation in appellate review
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Join FLexlaw to unlock all legal intelligenceA claimant sought workers' compensation benefits for a bradycardia condition and related medical bills. The employer/carrier denied compensability of …
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“For an issue to be preserved for appeal, it must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.” Holland v. Cheney Bros., Inc., 22 So.3d 648, 649-50 (Fla. 1st DCA 2009). Here, the estoppel argument raised by the claimant on appeal was not presented to the Judge of Compensation Claims (JCC) in any meaningful way, shape or form until an untimely mo*864tion for “reconsideration.” * This was insufficient to preserve the issue for our review, and on that basis, we affirm the order denying the compensability of the claimant’s bradycardia condition and the payment of medical bills related to that condition.
AFFIRMED.
WOLF, THOMAS, and WETHERELL, JJ., concur.