Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

October 29, 2020 by Jennifer Kennedy

Workers’ compensation — Jurisdiction — Appeals — Judge of compensation claims correctly found that he lacked jurisdiction over petition for benefits because the claimed benefits were the same attendant care benefits that JCC awarded in a prior final order currently on appeal and cross-appeal

45 Fla. L. Weekly D2396a

SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. 1st District. Case No. 1D20-1208. October 21, 2020. Petition for Writ of Certiorari — Original Jurisdiction. Date of Accident: July 20, 2017. Counsel: James Richard Parris of Parris & Papa, P.A., Jacksonville, and Wendy S. Loquasto of Fox & Loquasto, LLC, Tallahassee, for Petitioner. H. George Kagan of H. George Kagan, P.A., Gulf Stream, for Respondent.

(PER CURIAM.) Claimant in this workers’ compensation case petitions the Court for a writ of certiorari, or alternately, for a writ of quo warranto or mandamus, as relief from an order dismissing two petitions for benefits (PFBs) without prejudice. We find that Claimant has not shown irreparable harm resulting from this dismissal and therefore dismiss the petition on jurisdictional grounds. We also find that the extraordinary remedies of quo warranto and mandamus do not lie.

Claimant, however, has also asked this Court to consider whether this dispute, at least in part, should be treated as an appeal. In the dismissal order, the Judge of Compensation Claims (JCC) ruled that he lacked jurisdiction over the PFB filed on January 8, 2020, based on his finding that the claimed benefits there are the same attendant care benefits he awarded in a prior final order currently on appeal and cross-appeal in J. Sterling Quality Roofing, Inc., d/b/a Sterling Roofing/Summit Holdings v. Salatiel Velazquez Hernandez; case number 1D19-4391. We agree that the portion of the order dismissing the January 8, 2020, PFB is an appealable nonfinal order adjudicating jurisdiction under Florida Rule of Appellate Procedure 9.180(b)(1)(A). However, because we conclude that the JCC correctly found that the pending appeal/cross-appeal divested his jurisdiction over this PFB, we affirm.

In the prior final order, the JCC awarded some attendant care benefits and denied others without prejudice. In denying those claims, the JCC also ruled that a new prescription may create a new claim. Claimant disputes the JCC’s finding that the attendant care at issue here is the same as the care previously awarded, but at the same time asserts the right to file a new claim with a new prescription in accordance with the JCC’s prior ruling. Even assuming Claimant has now presented a new claim, he chose to cross-appeal the JCC’s prior attendant care adjudication that allowed the filing of a new claim, but then filed a new claim nonetheless. Thus, the JCC did not err when he ruled that he did not have jurisdiction over the benefits claimed in the January 8, 2020, PFB. See Fla. R. App. P. 9.180(c)(1) (stating that “[t]he lower tribunal retains jurisdiction to decide the issues that have not been adjudicated and are not the subject of pending appellate review”).

Accordingly, the petition is DISMISSED and the JCC’s dismissal of the January 8, 2020, PFB, appealed as a nonfinal order adjudicating jurisdiction, is AFFIRMED. (RAY, C.J., and BILBREY and JAY, JJ., concur.)* * *

Filed Under: Uncategorized

Primary Sidebar

Blog Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982