Atlantic Foundation v. Gurlacz, No. 91-435

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; SHIVERS
Citation582 So.2d 10,16 Fla. L. Weekly 1278
Decision Date09 May 1991
Docket NumberNo. 91-435
PartiesATLANTIC FOUNDATION, and Executive Risk Consultants, Petitioners, v. Randy GURLACZ, and Dr. Gregory Lovaas, Respondents. 582 So.2d 10, 16 Fla. L. Week. 1278

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582 So.2d 10
ATLANTIC FOUNDATION, and Executive Risk Consultants,
Petitioners,
v.
Randy GURLACZ, and Dr. Gregory Lovaas, Respondents.
No. 91-435.
582 So.2d 10, 16 Fla. L. Week. 1278
District Court of Appeal of Florida,
First District.
May 9, 1991.
Rehearing Denied July 24, 1991.

Kimberly A. Hill of Conroy, Simberg & Lewis, P.A., Hollywood, for petitioners.

Peter S. Schwedock, P.A., Miami, for respondent Gregory Lovaas, M.D.

PER CURIAM.

Randy Gurlacz is an injured worker receiving workers' compensation benefits under the applicable Florida statutory provisions. Atlantic Foundation and Executive Risk Consultants are the employer and carrier (e/c), respectively. Treatment of Gurlacz by Gregory Lovaas, M.D., was authorized by the e/c and Dr. Lovaas submitted bills to the e/c for his treatment of the claimant. The e/c, however, paid amounts less than those billed, contending that these reductions were in accordance with the Workers' Compensation Reimbursement Manual. Dr. Lovaas was dissatisfied with the payments and sought relief from the Judge of Compensation Claims. The e/c moved to dismiss the claim on the grounds that the Division of Workers' Compensation, rather than the JCC, was the proper forum for resolution of the dispute. The JCC denied the motion, finding that he had jurisdiction pursuant to sections 440.10(1), 440.13(2)(a) and (b), and 440.25(1), Florida Statutes. This petition for writ of prohibition followed.

Petitioners argue that by statute and rule the Division of Workers' Compensation clearly has jurisdiction of this matter, relying on section 440.13(2)(i)1., Florida Statutes (Supp.1990) and F.A.C.Rules 38F-7.506 and .507. Petitioners also place reliance on Lamounette v. Akins, 547 So.2d 1001 (Fla. 1st DCA 1989); Long Grove Builders v. Haun, 508 So.2d 476 (Fla. 1st DCA 1987); and Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984).

Respondent Lovaas opposes the petition, arguing first that prohibition is an inappropriate remedy to obtain review of an order denying a motion to dismiss. Respondent also refers this court to Freshwater v. Troy Manufacturing Co., 11 F.A.L.R. 569 (Fla.Dept. of Labor and Employment Security 1988), an agency final order which adopted a DOAH hearing officer's recommendation that a Judge of Compensation Claims, rather than the Division, was the

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appropriate forum for disposition of a similar claim.

First, we disagree with respondent that prohibition is unavailable....

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10 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Terners of Miami Corp. v. Freshwater, 599 So.2d 674, 675 (Fla. 1st DCA 1992) ("To the extent that [Atlantic Foundation v.] Gurlacz [, 582 So.2d 10 (Fla. 1st DCA 1991),] may be read as standing for such a conclusion, we expressly recede from that decision."); Flanagan v. State, 586 So.2d 108......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Terners of Miami Corp. v. Freshwater, 599 So.2d 674, 675 (Fla. 1st DCA 1992) ("To the extent that [Atlantic Foundation v.] Gurlacz [, 582 So.2d 10 (Fla. 1st DCA 1991),] may be read as standing for such a conclusion, we expressly recede from that decision."); Flanagan v. State, 586 So.2d 108......
  • Westinghouse Elec. v. Widlan, No. 92-1268
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1993
    ...in Lamounette v. Akins, 547 So.2d 1001 (Fla. 1st DCA 1989) (issue of overutilization of services) and Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991) (reimbursement dispute), receded from on other grounds, Terners of Miami, 599 So.2d at 675, on which the E/C rely, are The p......
  • Terners of Miami Corp. v. Freshwater, No. 91-632
    • United States
    • Court of Appeal of Florida (US)
    • May 5, 1992
    ...judge to do so constituted reversible error. We recognize that there is language in our prior decision in Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991), which may be read as concluding that Section 440.13(2)(i)1., Florida Statutes (Supp.1990), is substantive, rather than ......
  • Request a trial to view additional results
10 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Terners of Miami Corp. v. Freshwater, 599 So.2d 674, 675 (Fla. 1st DCA 1992) ("To the extent that [Atlantic Foundation v.] Gurlacz [, 582 So.2d 10 (Fla. 1st DCA 1991),] may be read as standing for such a conclusion, we expressly recede from that decision."); Flanagan v. State, 586 So.2d 108......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Terners of Miami Corp. v. Freshwater, 599 So.2d 674, 675 (Fla. 1st DCA 1992) ("To the extent that [Atlantic Foundation v.] Gurlacz [, 582 So.2d 10 (Fla. 1st DCA 1991),] may be read as standing for such a conclusion, we expressly recede from that decision."); Flanagan v. State, 586 So.2d 108......
  • Westinghouse Elec. v. Widlan, No. 92-1268
    • United States
    • Court of Appeal of Florida (US)
    • April 16, 1993
    ...in Lamounette v. Akins, 547 So.2d 1001 (Fla. 1st DCA 1989) (issue of overutilization of services) and Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991) (reimbursement dispute), receded from on other grounds, Terners of Miami, 599 So.2d at 675, on which the E/C rely, are The p......
  • Terners of Miami Corp. v. Freshwater, No. 91-632
    • United States
    • Court of Appeal of Florida (US)
    • May 5, 1992
    ...judge to do so constituted reversible error. We recognize that there is language in our prior decision in Atlantic Foundation v. Gurlacz, 582 So.2d 10 (Fla. 1st DCA 1991), which may be read as concluding that Section 440.13(2)(i)1., Florida Statutes (Supp.1990), is substantive, rather than ......
  • Request a trial to view additional results

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