Marraffino v. Stericycle/Sedgwick CMS, 1D18-2639 (Fla 1st DCA Nov. 30, 2018)

First DCA reverses on jurisdictional issue after maximum medical improvement.

In a prior order that was pending on appeal, the judge of compensation claims determined the claimant was at maximum medical improvement. The order on appeal concerned claims for temporary partial disability benefits, which the judge dismissed, specifically finding that he lacked jurisdiction to consider such claims because of the previous maximum medical improvement finding on appeal. The claimant conceded that any temporary partial disability claims for periods prior to the disputed maximum medical improvement date were properly dismissed. However, for periods after that improvement date, the claimant argued the judge continued to have jurisdiction. The First District Court of Appeals agreed and reversed the judge’s finding. The court held that jurisdiction over benefits concerning a different time frame remained with the judge, notwithstanding the appeal of the disputed maximum medical improvement date. The judge had erroneously relied on the faulty premise that once a claimant reached maximum medical improvement, he would forever stay at maximum medical improvement.


Case Law Alerts, 2nd Quarter, April 2019

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