INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 349, AND ST. PAUL FIRE & MARINE INSURANCE COMPANY, PETITIONERS,
v.
GROVER ALBURY AND THE FLORIDA DEPARTMENT OF COMMERCE, INDUSTRIAL RELATIONS COMMISSION, AN ADMINISTRATIVE AGENCY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reviewed whether the Industrial Relations Commission properly reversed a Judge of Industrial Claims' order requiring a claimant to submit to vocational counseling evaluation or face dismissal of his workers' compensation claim. The court held that judges of industrial claims have statutory authority to dismiss claims for failure to comply with such orders, provided due process requirements are met.
The court reversed the IRC's decision and reinstated the JIC's order, holding that a Judge of Industrial Claims has statutory authority under Florida Chapter 440 to dismiss a claim or petition for failure to comply with an order to submit to vocational evaluation, provided that dismissal does not occur without first satisfying due process requirements such as notice and a hearing.
[1] A Judge of Industrial Claims has the statutory authority to dismiss a claim or petition.
[2] A claim may not be automatically dismissed for failure to appear for an evaluation without first meeting the requirements of due process, including notice and a hearing.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a Judge of Industrial Claims does have the statutory authority to dismiss a claim or petition”
Establishes the core holding that JIC judges possess dismissal authority under Florida Chapter 440
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClaimant sustained a compensable workers' compensation injury on December 12, 1962, and received benefits pursuant to a JIC order. The claimant filed …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Due Process Requirements cases and more on FLexlaw
[*582] McCAIN, Justice.
This cause is before us to review an order of the Industrial Relations Commission reversing an order of the JIC requiring the claimant to submit to an evaluation by 'a vocational counselor or have his claim dismissed. We have jurisdiction pursuant to Article V; Section 3(b)(3), Florida Constitution, F.S.A. The claimant had sustained a compensable injury on December 12, 1962, and benefits had been paid pursuant to an order of the JIC. A petition for modification was filed by the claimant seeking to have the claim made for permanent and total disability. The employer made a motion to require the claimant to report for a vocational counseling interview or dismiss his claim for failure to comply since the claimant had previously refused to appear for such an interview.
The JIC entered an order requiring the claimant to be examined and evaluated by a vocational counselor, Rehabilitation Resources, Inc. and further providing that failure to appear for such an examination “shall result in dismissal of this claim.”
The Commission reversed the order of the Judge and remanded the cause to proceed with the merits of the case. The employer-carrier then sought relief in this Court.
The sole issue presented for our determination is whether it was proper for the Commission to reverse this order of the JIC.
This particular question has been before this Court before and we are bound by the pronouncement relative only to F. S. Chapter 440, F.S.A., in John Gaul Construction Company v. Harbin, 247 So. 2d 33 (Fla. 1971) wherein it was determined that a Judge of Industrial Claims does have the statutory authority to dismiss a claim or petition. The reason for such a determination is clearly set out in Harbin and no further explanation is necessary. However it must be added that the claim may not be automatically dismissed for failure to appear for the evaluation without first meeting the requirement of due process, i. e. notice to claimant, a hearing, etc.
Therefore the decision of the IRC is reversed and the cause is remanded with directions to reinstate the order of the JIC.
It is so ordered.
ROBERTS, Acting C. J., ERVIN and BOYD, J'J., and HENDRY, District Court Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Chittick v. E. AIR Lines, Inc., 403 So. 2d 595 (Fla. 1st DCA 1981)…pport for the appealed order because, unlike the present case, no prior order had been entered by the deputy commissioner compelling the claimant to attend his deposition. Accord, International Brotherhood of Electrical Workers, Local 349 v. Albury, 299 So. 2d 581 (Fla.1974), and Howard Johnson, Inc. of Florida v. Escobedo, 299 So. 2d 582 (Fla.1974), reaffirming Harbin, supra, provided the claimant is afforded procedural due process rights such as notice and a hearing prior to the dismissal of a claim. [*597]…
-
Johnson v. Escobedo, 299 So. 2d 582 (Fla. 1974)…McCAIN, Justice. This case arises under a fact situation similar to International Brotherhood of Electrical Workers, Local 349 v. Albury, Fla., 299 So. 2d 581, presenting this same issue for determination by this Court: i. e. whether the JIC has authority to dismiss a claim for failure to comply with an order requiring the claimant to report for a physical re-examination. [*583] We held in Albury that the…
-
Hiram D. Berry v. J.C. Penney Co. & Liberty Mut. Ins. Co., 458 So. 2d 1148 (Fla. 1st DCA 1984)…we must vacate the order and remand this cause since the record before us shows that claimant was not given adequate notice of the motion to dismiss or of hearing on that motion. International Brotherhood of Electrical Workers, Local 349 v. Albury, 299 So. 2d 581 (Fla.1974). BOOTH, SMITH and THOMPSON, JJ., concur.…
Authorities Cited
- SAM Newey & Assocs. v. Rust Craft Broad. Co., 247 So. 2d 33 (Fla. 1971)
- John Gaul Constr. Co. & Highlands Ins. Co. v. Leslie Harbin & the Indus. Relations Comm'n, 247 So. 2d 33 (Fla. 1971)