Lakeside Baptist Church v. Jones
| Decision Date | 03 August 1998 |
| Docket Number | No. 97-3724,97-3724 |
| Citation | 714 So.2d 1188 |
| Parties | 23 Fla. L. Weekly D1854 LAKESIDE BAPTIST CHURCH and Preferred Risk Group, Appellants, v. Ellen JONES, Appellee. |
| Court | Florida District Court of Appeals |
Pamela L. Foels of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., for Appellants.
Pat T. Dicesare, II, and Merette L. Oweis, Lakeland, for Appellee.
We reverse the final order in this case to the extent that it awards the claimant workers' compensation benefits for evaluation and treatment by a neurologist and a pain management specialist because the employer and carrier did not have notice that these issues would be resolved in the final hearing on the merits. In all other respects, the order is affirmed.
The claimant, Ellen Jones, was employed by the Lakeside Baptist Church as a food service manager and hostess. She injured her back on February 10, 1995, while attempting to lift heavy food trays from a commercial oven, and the injury led her to file a petition for workers' compensation benefits. The employer agreed to provide the claimant an independent medical examination by a neurologist but disputed other claims identified in the pretrial stipulation between the parties. Following a hearing on the merits, the judge of compensation claims entered a final order resolving the disputed claims. Additionally, the judge awarded the claimant benefits for "palliative care" in the form of an evaluation and treatment by a neurologist and a pain management specialist. These benefits were not claimed in the petition or addressed in the pretrial stipulation. Nor were they discussed during the hearing on the merits.
Section 440.192(2), Florida Statutes (Supp.1994), states in material part that a petition for workers' compensation benefits shall itemize or identify "[t]he type or nature of treatment care or attendance sought and the justification for such treatment" and provide a "[s]pecific explanation of any other disputed issue that a judge of compensation claims will be called to rule upon." Likewise, if payment is denied, the carrier must list "all benefits requested but not paid and explain its justification for nonpayment" in a formal notice of denial. See § 440.192(8) Fla. Stat. (Supp.1994). These statutes incorporate a fundamental principle of law in the procedure for adjudicating workers' compensation claims; that is, the parties have a right to reasonable notice of the issues to be adjudicated. See, e.g., Regal Marine Industries v. Cappucci, 523 So.2d 766 (Fla. 1st DCA 1988); R. Carr Plumbing v. Bogue, 572 So.2d 565 (Fla. 1st DCA 1991) ().
Notice of a claim or defense is required by the Florida Rules of Workers' Compensation Procedure, as well. Rule 4.085(b) provides that the order setting the final hearing on the merits "shall state clearly the...
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Commercial Carrier Corp. v. LaPointe, 97-2631.
...we reverse the award." Florida Power Corp. v. Hamilton, 617 So.2d 333, 333 (Fla. 1st DCA 1993). See also Lakeside Baptist Church v. Jones, 714 So.2d 1188 (Fla. 1st DCA 1998). An order that is not in accord with the understanding with which the workers' compensation hearing was undertaken an......
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Clay County Bd. Of County Comm'rs/scibal Assoc.s v. Bramlitt
...2d 742 (Fla. 1st DCA 2004); Commercial Carrier Corp. v. LaPointe, 723 So. 2d 912, 915 (Fla. 1st DCA 1999); Lakeside Baptist Church v. Jones, 714 So. 2d 1188, 1190 (Fla. 1st DCA 1998). AFFIRMED in part; REVERSED in part. BENTON, C.J., and PADOVANO, J., CONCUR. WETHERELL, J., CONCURS SPECIALL......
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Clay County Bd. of County Commissioners/Scibal Associates v. Bramlitt
...742 (Fla. 1st DCA 2004); Commercial Carrier Corp. v. LaPointe, 723 So.2d 912, 915 (Fla. 1st DCA 1999); Lakeside Baptist Church v. Jones, 714 So.2d 1188, 1190 (Fla. 1st DCA 1998). AFFIRMED in part; REVERSED in part.BENTON, C.J., and PADOVANO, J., concur; WETHERELL, J., concurs specially with......
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Stewart v. SCARRITT MOTORS, INC., 1D00-2917.
...impairment rating for claimant, because that issue was not properly pleaded, nor was it tried by consent. See Lakeside Baptist Church v. Jones, 714 So.2d 1188 (Fla. 1st DCA 1998); Norrell Temp. Servs. v. Baxter, 645 So.2d 1068 (Fla. 1st DCA 1994); Allied Parcel Delivery v. Dixon, 466 So.2d ......