Box v. Tallahassee Fire Dep't

• Decision Date: 31 March 2015
• Docket Number: No. 1D14–4591.,1D14–4591.
• Citation: 160 So.3d 133
• Parties: Steven BOX, Appellant, v. TALLAHASSEE FIRE DEPARTMENT/CITY OF TALLAHASSEE, Appellees.
• Court: Florida District Court of Appeals

160 So.3d 133

Steven BOX, Appellant

v.TALLAHASSEE FIRE DEPARTMENT/CITY OF TALLAHASSEE, Appellees.

No. 1D14–4591.

District Court of Appeal of Florida, First District.

March 31, 2015.

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant.

Christopher J. Dubois and Mary E. Cruickshank of DuBois & Cruickshank, P.A., Tallahassee, for Appellees.

Opinion

PER CURIAM.

In this workers' compensation proceeding, Claimant argues that the Judge of Compensation Claims (JCC) erred in granting the Employer/Carrier's (E/C's) motion for summary final order. For the following reasons, we agree.

The workers' compensation rules of procedure, found in the Florida Administrative Code, provide that “[a] summary final order shall be rendered if the judge determines from the pleadings and depositions, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order.” Fla. Admin. Code R. 60Q–6.120(2). The moving party bears the burden to prove that no material factual dispute exists. See Auto–Owners Ins. Co. v. Young, 978 So.2d 850, 852 (Fla. 1st DCA 2008). Our review of an order granting such a motion is de novo. See Moya v. Trucks & Parts of Tampa, Inc., 130 So.3d 719, 721 (Fla. 1st DCA 2013).

This litigation began when Claimant filed a petition for benefits seeking payment of impairment income benefits at the correct rate. Section 440.15(3)(c), Florida Statutes (2013), provides:

Impairment income benefits are paid biweekly at the rate of 75 percent of the employee's average weekly temporary total disability benefit not to exceed the maximum weekly benefits under s. 440.12; provided, however, that such benefits shall be reduced by 50 percent for each week in which the employee has earned income equal to or in excess of the employee's average weekly wage.

The E/C responded to the petition, asserting that it initiated payment of impairment income benefits at the rate of $263.54 per week effective March 10, 2014, the date Claimant reached maximum medical improvement. On that basis, the E/C filed a motion for summary final order, alleging there was no genuine issue as to any material fact in regards to Claimant's claim for payment of impairment income benefits and the claim for the same should be summarily denied. Following a hearing on the E/C's motion, the JCC agreed there was no genuine issue as to any material fact and that Claimant's post-maximum medical...