Booher v. PERKINS RESTAURANT & BAKERY/RISK MANAGEMENT LTD.
District Court of Appeal of Florida
1Per curiam
Claimant appeals an order of the Judge of Compensation Claims (JCC) finding, in part, that the major contributing cause (MCC) of her need for surgery was not the workplace accident. We reverse and remand this case for further proceedings.
A JCC errs in determining an issue not before him. E.g., Reynolds v. Skagfield Corp., 887 So.2d 434, 435 (Fla. 1st DCA 2004). Claims that have not gone through the mediation process are not ripe for adjudication. Farnam v. U.S. Sugar Corp., 9 So.3d 41, 42 (Fla. 1st DCA 2009). A JCC errs by addressing claims that are not ripe. Id.
Here, the MCC of the need for…
2Cases cited2 opinions
- Farnam v. U.S. Sugar Corp.District Court of Appeal of Florida · 2009
- Reynolds v. Skagfield Corp.District Court of Appeal of Florida · 2004
3Cited by1 opinion
- Lawrence v. AQUARIUS SALES & SERVICE, INC.District Court of Appeal of Florida · 2010