RAMONA ZAVALA, APPELLANT/CROSS-APPELLEE,
v.
ECONOMIC DEVELOPMENT COMMISSION OF MID-FLORIDA, INC. D/B/A METRO ORLANDO ECONOMIC DEVELOPMENT COMMISSION/ESIS, INSPERITY SUPPORT SERVICES, LP/ACE AMERICAN INSURANCE COMPANY/SEDGWICK CMS, APPELLEES, AND WORKFORCE OF CENTRAL FLORIDA/FLORIDA DEPARTMENT OF FINANCIAL SERVICES-DIVISION OF RISK MANAGEMENT, APPELLEES/CROSS-APPELLANTS

Fla. 1st DCA | 2015-10-15
No. 1D14-4617
ROBERTS, CJ., and THOMAS, J., concur.
178 So. 3d 458 Florida District Court of Appeal, First District (2015)

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Synopsis

In this workers' compensation case, the court affirmed that the claimant sustained a compensable workplace injury and that the State of Florida is her sole employer for purposes of workers' compensation coverage under Florida Statutes § 445.009(11). However, the court declined to address the claimant's constitutional challenge to the statute's bar on indemnity benefits due to lack of jurisdiction over the nonfinal order.


Holding

The court affirmed that Zavala sustained a compensable workplace injury and that the State of Florida is her sole employer for workers' compensation coverage under the plain language of subsection 445.009(11). The court declined to address whether the statute unconstitutionally bars indemnity benefits due to lack of jurisdiction over the nonfinal order.


Headnotes

[1] A nonfinal order adjudicating compensability in a workers' compensation case is appealable under Florida Rule of Appellate Procedure 9.180(b)(1)(C).

[2] An interlocutory appeal under Florida Rule of Appellate Procedure 9.180(b)(1)(C) is limited to the ruling on the issue of compensability.

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Key Quotes

“an employee of the state for purposes of workers' compensation coverage”

The statutory language establishing that participants in adult or youth work activities under chapter 445 are deemed employees of the state for workers' compensation purposes.

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Facts & Procedural History

Ramona Zavala, a participant in an adult or youth work activity under Florida law, sustained an accidental workplace injury. The Judge of Compensation…

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Opinion of the Court
RAY, J. .

RAY, J. .

In this workers’ compensation case, Claimant appeals a nonfinal order that adjudicates compensability of her accidental injury. In a bifurcated order meeting the requirements of Florida Rule of Appellate Procedure 9.180(b)(1)(C), the Judge of Compensation Claims found that the State of Florida (Appellees/Cross-Appellants) is Claimant’s employer for the purpose of workers’ compensation coverage under subsection 445.009(11), Florida Statutes (2013), and that, although Claimant sustained a compensable workplace injury, she is not entitled to payment of indemnity benefits in accordance with the same statutory provision. In the cross-appeal, the State challenges the- JCC’s finding of a compensable workplace injury, which was based on the JGO’s rejection of the applicability of the “going and coming” rule.

Because competent substantial evidence supports the'JOG’S finding of a compensa-ble workplace injury, we affirm the issue raised , on cross-appeal without comment. With regard to the appeal, we also affirm the JCC’s finding that the State is Claimant’s sole employer for payment of benefits under the plain language of subsection 445.009(11), which deems a participant in an adult or youth work activity under chapter 445 to be “an employee of the state for purposes of workers’ compensation coverage.”

Although we affirm the order on appeal on the issue of compensability — i.e., the determination that Claimant sustained an accidental workplace injury for which she has coverage from the State — we cannot, because of jurisdictional restraints, reach the second issue raised on appeal by Claimant: whether subsection 445.009(11) unconstitutionally (or impermissibly) bars her entitlement to indemnity benefits. In an order entered November 26, 2014, this court appropriately advised the parties that this appeal and cross-appeal would proceed as one taken under Florida- Rule of Appellate Procedure 9.180(b)(1)(C) and thus would be limited to the appealable portions of the nonfinal order adjudicating compensability. See Consultants & Designers v. Brown, 677 So.2d 915, 917 (Fla. 1st DCA 1996) (concluding rule permitting appeal of nonfinal order adjudicating com-pensability . “contemplates, that only the ruling on the issue of compensability may be challenged on interlocutory • appeal”). Here, the JCC’s denial of indemnity benefits goes beyond the issue of compensability. The appealed order is a nonfinal order with regard to indemnity benefits because the JCC reserved for another day adjudications on Claimant’s entitlement to medi*460cal benefits and other claims.* Thus, the ruling on indemnity benefits is an issue this court may address only upon entry of an order resolving, with. finality, all the disputes.raised in the underlying case.

Accordingly, we AFFIRM that portion of the appealed nonfinal order adjudicating compensability and expressly decline to consider Claimant’s constitutional challenge to subsection 445.009(11) for lack of jurisdiction.

ROBERTS, CJ., and THOMAS, J., concur.


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