Miller v. Bell South Phone Co.

In this workers’ compensation appeal, Edward Miller, claimant below, appeals a final order denying compensability of his claim. Claimant argues that, because the final order was entered after the judge of compensation claims (JCC) reversed an earlier order recusing herself and reasserted control over the case, the order denying compensation is void and without effect. We agree and reverse.

Florida law is clear that once a judge recuses himself or herself for whatever reason, the judge may not thereafter reconsider the recusal decision and reassert judicial authority over the case. Deberry v.…