Narrative Opinion Summary
The employer/carrier appealed a workers’ compensation order concerning the claimant's temporary partial disability benefits. The order stated that benefits could not be awarded because the claimant had not completed or submitted the required DWC-19 forms (Employee Earnings Reports). Citing Jack Feagin Electric, Inc. v. Hallmark, 894 So.2d 1083 (Fla. 1st DCA 2005), the order emphasized that benefits would only be due upon submission of the forms. However, it clarified that the temporary partial claim was not denied with prejudice, allowing the claimant to pursue further claims and adjudications if benefits were not provided after the forms were submitted. The order did not resolve all issues related to the temporary partial disability claim, leaving the benefits unresolved and subject to further hearings. Consequently, the order is deemed interlocutory and not currently appealable, leading to the dismissal of the appeal, with Judges Allen, Lewis, and Hawkes concurring.
Legal Issues Addressed
Non-Final Orders and Appealabilitysubscribe to see similar legal issues
Application: The court determined that the order was interlocutory, as it did not resolve all issues related to the temporary partial disability claim, and therefore it was not currently appealable.
Reasoning: The order did not resolve all issues related to the temporary partial disability claim, leaving the benefits unresolved and subject to further hearings.
Preservation of Rights to Pursue Future Claimssubscribe to see similar legal issues
Application: The court clarified that the denial of benefits was not with prejudice, allowing the claimant the opportunity to pursue further claims once the necessary forms were submitted.
Reasoning: However, it clarified that the temporary partial claim was not denied with prejudice, allowing the claimant to pursue further claims and adjudications if benefits were not provided after the forms were submitted.
Requirement of Employee Earnings Reports for Disability Benefitssubscribe to see similar legal issues
Application: The court emphasized that temporary partial disability benefits could not be awarded until the claimant submitted the required DWC-19 forms.
Reasoning: The order stated that benefits could not be awarded because the claimant had not completed or submitted the required DWC-19 forms (Employee Earnings Reports).