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Issues Outside the Jurisdiction of the Workers Compensation Judge

gavel-3-1236445Issues that are outside of FSA 440 and issues over which the JCC has no jurisdiction per case law and recent JCC decisions:

  1. The JCC lacks jurisdiction over all employment benefits between the employee and the employer including reinstatement of medical leave benefits, vacation, or sick leave as those issues are between the employee and the employer. Spinelli v Fla. Dept of Commerce, 490 So.2d 1294,1296 (Fla 1st DCA 1986)
  2. As 440.39 (3) (b) states the JCC has no jurisdiction to resolve a dispute over the worker’s compensation carrier’s lien and payback from the claimant’s settlement against the at fault party. Such jurisdiction rests with the Circuit Court per University of Central Florida v Gleaves, 586 So.2d 458, 459 (Fla 1st DCA 1991)
  3. Even if the employee agrees to execute a resignation or a general release of the Employer the JCC have ruled that they do not have jurisdiction over the same or the ability to enforce an Order compelling the claimant to execute a release or resignation. McIntrye v Silver Airways OJCC 12-024199DAL. “Moreover, General Releases and Resignations are outside the bounds of Chapter 440 subject matter jurisdiction. Therefore the Court finds and concludes that it does not have the power or jurisdiction to enforce any settlement provisions regarding execution of a general release or voluntary resignation agreement.” Galloway v Douglas Equipment, OJCC 05-009993WHR.
  4. A claimant can negotiate a worker’s compensation settlement where he is allowed to keep his job and therefore there is no release nor resignation of the employer required. Considine v Dunbar Armored Car, OJCC 14-025905EDS.  This law firm has successfully allowed claimants to keep their job and obtain settlements where that is important to the injured worker and he is physically able to do the work.
  5. JCC has no jurisdiction over payment of doctor who renders emergency treatment to the injured worker and the employer/carrier who disputes the billing of the doctor. Cespedes v Yellow Transportation, Inc. (Fla 1st DCA 2013)
  6. Payment of medical bills for a workers compensation injury are outside the JCC jurisdiction per JBD Brothers and Masonry v Miranda, 25 So.3rd 1271 (1st DCA 2010)
  7. JCC has no jurisdiction over retaliatory discharge issues per Smith v Piez Technology, 427 So.2d 182 (Fla 1983).

So the workers compensation judges jurisdiction is limited to issues of medical care and lost wages payable for injuries on the job.



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