Artigas v. Winn Dixie Stores, Inc., No. 91-4179

• Court: Court of Appeal of Florida (US)
• Writing for the Court: WOLF; ERVIN, J., and WENTWORTH
• Citation: 622 So.2d 1346
• Parties: 18 Fla. L. Week. D1774 Estrella ARTIGAS, as Guardian for Miguel Artigas, Appellant, v. WINN DIXIE STORES, INC., and Crawford & Company, Appellees.
• Docket Number: No. 91-4179
• Decision Date: 10 August 1993

Page 1346

622 So.2d 1346 18 Fla. L. Week. D1774 Estrella ARTIGAS, as Guardian for Miguel Artigas, Appellant,
v.
WINN DIXIE STORES, INC., and Crawford & Company, Appellees. No. 91-4179. District Court of Appeal of Florida,
First District. Aug. 10, 1993.

Page 1347

Shayla Freeman Simmons of Lancaster & Eure, P.A., Sarasota, for appellant.

Frank L. May and Nancy A. Lauten of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

WOLF, Judge.

The appellant in this case, Estrella Artigas, as guardian for her son, Miguel Artigas, challenges a final order of the judge of compensation claims (JCC) which denies claims for payment of certain medical bills. The order found that as a matter of law, the claims for these bills were not timely filed nor timely litigated. The JCC stated that the bills were for services provided prior to the date of the last final hearing and, therefore, he lacked subject-matter jurisdiction. We determine that questions of fact existed as to the application of the doctrine of res judicata, and that the JCC erred in determining that he lacked subject-matter jurisdiction. We, therefore, reverse and remand for further proceedings to determine whether the claimant may proceed with his claim for payment of medical bills.

The claimant was injured in the course and scope of his employment on August 9, 1983. Although the original injury was a spinal injury, the claimant began developing related psychological problems. The JCC determined that the psychiatric condition was related to the compensable injury. Appellant's attorney withdrew sometime in 1986. In July of 1987, at a hearing where the claimant represented himself, all claims for benefits were denied based on a lack of evidence. In August 1987, a new attorney requested that the merits order be vacated and that he be given an opportunity to proceed in circuit court to obtain a guardian for claimant. Despite being aware of claimant's condition and having previously ruled that claimant was unable to represent himself, the JCC denied the request. This order was appealed. On May 25, 1989, in Artigas v. Winn-Dixie Stores, Inc., 544 So.2d 1051 (Fla.1st DCA 1981), (Artigas I), this court found that the JCC erred in refusing to determine the competency of the claimant, and that the claimant should have been permitted to proceed to circuit court to have a guardian appointed. At some point, while the appeal was pending, a guardian had been appointed. The record does not reflect when the guardian was actually appointed.

During the period between the July 1987 hearing and the decision of this court in Artigas I, the claimant incurred medical expenses. Hospitalizations occurred from September 2, 1987, through December 9, 1987, and from April 18, 1988, through May 27,...