Cadco Builders, Inc. v. Roberts, 98-867

• Decision Date: 17 June 1998
• Docket Number: No. 98-867,98-867
• Citation: 712 So.2d 457
• Parties: 23 Fla. L. Weekly D1490 CADCO BUILDERS, INC. and ITT Hartford, Appellants, v. Ethan ROBERTS, Appellee.
• Court: Florida District Court of Appeals

Page 457

712 So.2d 457

23 Fla. L. Weekly D1490

CADCO BUILDERS, INC. and ITT Hartford, Appellants, v. Ethan ROBERTS, Appellee.

No. 98-867.

District Court of Appeal of Florida First District.

June 17, 1998.

H. George Kagan, and Elliott B. Kula, Miller, Kagan, Rodriguez & Silver, West Palm Beach, for appellants.

Bill McCabe, Shepherd, McCabe & Cooley, Longwood, for appellee.

PER CURIAM.

Ethan Roberts, claimant in workers' compensation proceedings below, sought permanent total disability and other benefits. The employer/carrier (e/c) raised a number of defenses, including an assertion that the claimant was an independent contractor who was ineligible for benefits under the employer's workers' compensation policy. A hearing was held and the Judge of Compensation Claims (JCC) rendered an order in favor of the claimant on this defense. The order includes the following pertinent language:

At the commencement of the final hearing the parties jointly moved (a) for bifurcation of the case to allow the hearing to proceed only regarding the issue of compensability; and (b) for the undersigned to reserve jurisdiction regarding all claims, benefits and issues other than the issue of compensability. In the interest of judicial economy and efficiency, due to the financial concerns of the litigants in reducing the cost of further discovery and after giving consideration to the substantial amount and variety of benefits that are in dispute, the undersigned Judge of Compensation Claims granted the motions regarding bifurcation and reservation of jurisdiction.

The e/c timely appealed this order. On this court's own motion, appellants were directed to show cause why the appeal should not be dismissed for lack of jurisdiction as it appeared the order was neither a final order nor an appealable nonfinal order. Appellants responded, taking the position that this appeal was authorized by Florida Rule of Appellate Procedure 9.180(b)(1)(C). We disagree and, accordingly, dismiss this appeal for lack of jurisdiction.

The aforementioned rule of appellate procedure authorizes an appeal of an interlocutory workers' compensation order that adjudicates compensability:

provided that the order expressly finds an injury occurred within the scope and course of employment and that claimant is entitled to receive causally related benefits in some amount, and provided further that the lower tribunal certifies in the order that determination of the exact nature and amount of benefits...