Flagler Hospital Inc. v. Association Insurance Co.

District Court of Appeal of Florida

Flagler Hospital Inc. v. Association Insurance Co.

133 So. 3d 644, 2014 WL 982554, 2014 Fla. App. LEXIS 3605

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 2014

DocketNo. 1D13-1229

StatusPublished

This text of 133 So. 3d 644 (Flagler Hospital Inc. v. Association Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flagler Hospital Inc. v. Association Insurance Co., 133 So. 3d 644, 2014 WL 982554, 2014 Fla. App. LEXIS 3605 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The Appellant, a health care provider, challenges a final order from the Workers’ Compensation Division of the Department for Financial Services (the Department), which found that it lacked subject matter jurisdiction over the claim. We AFFIRM because the Department lacks jurisdiction over a claim for the reimbursement of medical bills until the compensability of the claim is established. Compare Amerisure Ins. Co.-Fl. v. Martin Mem’l Med. Ctr., 67 So.3d 353, 353 (Fla. 1st DCA 2011) (holding the Department does not have jurisdiction over medical provider’s claim for reimbursement of medical charges where compensability of injury for which services were provided is in dispute), with Bryan LGH Med. Ctr. v. Fla. Beauty Flora, 36 So.3d 795, 796 (Fla. 1st DCA 2010) (holding Judge of Compensation Claims does not have jurisdiction over reimbursement dispute actionable under section 440.13(7)(a)). Here, because compensability has yet to be established, the health care provider’s claim does not fall within the Department’s jurisdiction. We find the Appellant’s constitutional challenges premised on the right to access to courts unavailing because the record before us fails to establish that the Appellant has been foreclosed from all other avenues of redress for its outstanding bills.

AFFIRMED.

BENTON, PADOVANO, and ROBERTS, JJ., concur.

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PER CURIAM.

The Appellant, a health care provider, challenges a final order from the Workers’ Compensation Division of the Department for Financial Services (the Department), which found that it lacked subject matter jurisdiction over the claim. We AFFIRM because the Department lacks jurisdiction over a claim for the reimbursement of medical bills until the compensability of the claim is established. Compare Amerisure Ins. Co.-Fl. v. Martin Mem’l Med. Ctr., 67 So.3d 353, 353 (Fla. 1st DCA 2011) (holding the Department does not have jurisdiction over medical provider’s claim for reimbursement of medical charges where compensability of injury for which services were provided is in dispute), with Bryan LGH Med. Ctr. v. Fla. Beauty Flora, 36 So.3d 795, 796 (Fla. 1st DCA 2010) (holding Judge of Compensation Claims does not have jurisdiction over reimbursement dispute actionable under section 440.13(7)(a)). Here, because compensability has yet to be established, the health care provider’s claim does not fall within the Department’s jurisdiction. We find the Appellant’s constitutional challenges premised on the right to access to courts unavailing because the record before us fails to establish that the Appellant has been foreclosed from all other avenues of redress for its outstanding bills.

AFFIRMED.

BENTON, PADOVANO, and ROBERTS, JJ., concur.

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Bluebook (online)

133 So. 3d 644, 2014 WL 982554, 2014 Fla. App. LEXIS 3605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flagler-hospital-inc-v-association-insurance-co-fladistctapp-2014.

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