LIFE CARE CENTER OF WINTER HAVEN v. Benjamin

District Court of Appeal of Florida

LIFE CARE CENTER OF WINTER HAVEN v. Benjamin

22 So. 3d 152, 2009 Fla. App. LEXIS 18200, 2009 WL 4111225

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 2009

Docket1D09-0858

StatusPublished

Cited by4 cases

This text of 22 So. 3d 152 (LIFE CARE CENTER OF WINTER HAVEN v. Benjamin) 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.

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LIFE CARE CENTER OF WINTER HAVEN v. Benjamin, 22 So. 3d 152, 2009 Fla. App. LEXIS 18200, 2009 WL 4111225 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

The employer/carrier (E/C) challenge an order of the Judge of Compensation Claims (JCC) that generally sets forth the manner in which permanent impairment benefits are to be calculated and paid. Nevertheless, the order on appeal does not calculate the dollar amount of permanent impairment benefits to which Claimant is entitled, the essential issue tried below. Instead, the JCC directed the parties to administratively determine additional facts and calculate the benefits thereon. Additionally, the JCC reserved jurisdiction to determine the exact amounts due and owing should the parties be unable to reach an agreement. Because the order does not finally resolve the central issue brought to trial, the order is nonfinal and nonappealable, and the E/C’s appeal is DISMISSED. See Fla. R.App. P. 9.180(1); see also Martin County Bd. of County Commr’s v. Jones, 595 So.2d 125, 128 (Fla. 1st DCA 1992) (holding where JCC reserved on precise amount of medical bills appellate court did not have jurisdiction over issue of whether JCC erred awarding such payment); Betancourt v. Sears Roebuck Co., 693 So.2d 680 (Fla. 1st DCA 1997) (stating where JCC reserves ruling on a claim that is ripe for adjudication, order is not yet final or appealable).

DISMISSED.

VAN NORTWICK, and PADOVANO, JJ., and BROWNING, JR., EDWIN B., Senior Judge, concur.

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PER CURIAM.

The employer/carrier (E/C) challenge an order of the Judge of Compensation Claims (JCC) that generally sets forth the manner in which permanent impairment benefits are to be calculated and paid. Nevertheless, the order on appeal does not calculate the dollar amount of permanent impairment benefits to which Claimant is entitled, the essential issue tried below. Instead, the JCC directed the parties to administratively determine additional facts and calculate the benefits thereon. Additionally, the JCC reserved jurisdiction to determine the exact amounts due and owing should the parties be unable to reach an agreement. Because the order does not finally resolve the central issue brought to trial, the order is nonfinal and nonappealable, and the E/C’s appeal is DISMISSED. See Fla. R.App. P. 9.180(1); see also Martin County Bd. of County Commr’s v. Jones, 595 So.2d 125, 128 (Fla. 1st DCA 1992) (holding where JCC reserved on precise amount of medical bills appellate court did not have jurisdiction over issue of whether JCC erred awarding such payment); Betancourt v. Sears Roebuck Co., 693 So.2d 680 (Fla. 1st DCA 1997) (stating where JCC reserves ruling on a claim that is ripe for adjudication, order is not yet final or appealable).

DISMISSED.

VAN NORTWICK, and PADOVANO, JJ., and BROWNING, JR., EDWIN B., Senior Judge, concur.

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Bluebook (online)

22 So. 3d 152, 2009 Fla. App. LEXIS 18200, 2009 WL 4111225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/life-care-center-of-winter-haven-v-benjamin-fladistctapp-2009.

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