Case Law Update October 2020

Velazquez Hernandez v. J. Sterling Quality Roofing, Inc., d/b/a Sterling Roofing/Summit, ___ So.3d ___ (Fla. 1st DCA 10/21/20)

Appellate Practice/Jurisdiction

The claimant sustained a traumatic brain injury and  requested, among other things, attendant care. The JCC denied attendant care without prejudice and noted that “a new prescription may create a new claim While the claimant’s appeal on the  attendant care issue was pending”.  The claimant filed  PFBs on 1/8/20 and 1/10/20 requesting attendant care, pursuant to the JCC’s Final Order. The E/C moved to dismiss those claims, arguing  the benefits requested were the subject of the  pending appeal, removing the JCC’s jurisdiction. The JCC dismissed the PFBs.  The claimant petitioned the 1st DCA for a writ of certiorari, or alternatively, for a writ of quo warranto or mandamus.  The DCA found that the claimant had not shown irreparable harm resulting from the dismissal and dismissed the petition on jurisdictional grounds. They held  that the portion of the JCC’s Order dismissing the 1/8/20 and 1/10/20 PFBs is an appealable non-final order adjudicating jurisdiction under Florida Rule of Appellate Procedure 9.180(b)(1)(A). The 1st DCA affirmed the JCC’s determination that the pending appeal/cross-appeal divested his jurisdiction over this PFB. Click Here  to View Order

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