Gonzalez v. Axiom Contracting Group, National Casualty Company

Summary

The Florida First District Court of Appeal held that Florida appellate procedural rules, rather than conflicting Office of the Judges of Compensation Claims administrative rules, govern tolling and timeliness in workers’ compensation appeals. The court concluded that timely motions for rehearing tolled rendition of the compensation order and authorized the OJCC to enter a written order resolving a pending rehearing motion. After the OJCC vacated the appealed order, the court dismissed the appeal because no order remained for review.

Holdings

1. An authorized and timely motion for rehearing filed in an OJCC proceeding tolls rendition of the final compensation order under Florida Rule of Appellate Procedure 9.020(h), and the thirty-day period for filing the appeal does not begin until all such motions are withdrawn or disposed of by written order.
2. The OJCC lacks authority to promulgate an administrative rule governing appellate proceedings in the district court or to prevent tolling under rule 9.020(h) by deeming a rehearing motion denied without a signed written order.
3. The appeal must be dismissed because the JCC's written order granted Gonzalez's motion for rehearing and vacated the final compensation order that was under review, leaving the appellate court without an order to review.

Questions Presented

1. Whether an authorized and timely motion for rehearing filed in an Office of the Judges of Compensation Claims proceeding tolls rendition and the thirty-day period for filing a workers' compensation appeal under Florida Rule of Appellate Procedure 9.020(h), notwithstanding an OJCC administrative rule stating that rehearing does not toll rendition or the appeal period.
2. Whether the OJCC may deem a rehearing motion denied for administrative purposes without entering the signed written order required by rule 9.020(h) to end tolling for an appeal.
3. Whether the appeal should be dismissed after the JCC entered an order vacating the final compensation order that was being appealed.

Disposition

dismissed