Bradley v. Hurricane Restaurant, 94-3795

• Decision Date: 20 March 1995
• Docket Number: No. 94-3795,94-3795
• Citation: 652 So.2d 443
• Parties: 20 Fla. L. Weekly D740 Kevin BRADLEY, Appellant, v. The HURRICANE RESTAURANT and Associated Industries of Florida Property and Casualty Trust, Appellees.
• Court: Florida District Court of Appeals

Page 443

652 So.2d 443

20 Fla. L. Weekly D740

Kevin BRADLEY, Appellant, v. The HURRICANE RESTAURANT and Associated Industries of Florida Property and Casualty Trust, Appellees.

No. 94-3795.

District Court of Appeal of Florida First District.

March 20, 1995.

Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for appellant.

William E. Curphey and Robert J. Grace, Jr. of Stiles, Taylor & Metzler, P.A., Tampa, for appellees.

ON MOTION TO DISMISS

PER CURIAM.

Claimant has appealed an order of the Judge of Compensation Claims entered after holding an emergency conference pursuant to subsection 440.25(4)(h), Florida Statutes (Supp.1994). The order granted in part and denied in part a claim for benefits found to involve an emergency. Employer and Carrier now move to dismiss the appeal for lack of jurisdiction, urging that the order (1) is not a non-final order that can be appealed under rule 4.160, Florida Rules of Workers' Compensation Procedure, and (2) is not appealable as a final order because a claim for post-surgical attendant care alleged in the original claim remains pending and undisposed of by the appealed order. For the reasons discussed below, we hold that the order is a final order that may be appealed to this court, and thus deny the motion to dismiss.

The amendments to chapter 440, Florida Statutes, enacted during the 1993 special session, chapter 93-415, Laws of Florida, effected substantial changes to the existing workers' compensation scheme. Section 440.25, entitled "Procedures for mediation and hearings," was substantially rewritten to set forth procedures and requirements for the resolution of disputed claims not heretofore known in the workers' compensation act. Among other things, section 440.25 provides in paragraph (4)(h):

Notwithstanding any other provision of this section, the judge of compensation claims may require the appearance of the parties and counsel before him without written notice for an emergency conference where there is a bona fide emergency involving the health, safety, or welfare of an employee. An emergency conference under this section may result in the entry of an order or the rendering of an adjudication by the judge of compensation claims.

The direct and unambiguous language of this paragraph manifests a clear purpose to make benefits available to an injured employee as soon as possible whenever the judge of compensation claims determines in a particular case that "a bona fide emergency involving the...