CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1997 WL 535985
...e statutory seven. We reverse and remand, with directions that penalties and interest be awarded. Jurisdiction And Scope Of Review We first address the Department's contention that we lack jurisdiction to entertain the appeal. Under the authority of section
440.271, Florida Statutes (1995), the Department of Labor and Employment Security has intervened in these proceedings, in order to defend Florida Administrative Code Rule 38F-3.019, and the Department's interpretation of section
440.20(6), Florida Statutes (1995), which the rule was drawn to reflect....
...Our "power of direct review" of orders entered by judges of compensation claims derives, not from the Administrative Procedure Act, but from the Workers' Compensation Law: "Review of any order of a *399 judge of compensation claims ... shall be by appeal to the District Court of Appeal, First District." § 440.271, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 32
...st as importantly, to maintain the appearance of fairness, is an integral part of the duty of review of orders entered in such proceedings under the authority vested in this court by the Legislature. Article V, Section 4(b)(2), Florida Constitution; § 440.271, Florida Statutes (1985)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...of Health & Rehabilitative Services,
386 So.2d 844, 847 (Fla. 1st DCA 1981). And see Harris v. Florida Real Estate Comm'n.,
358 So.2d 1123, 1125 (Fla. 1st DCA 1978), cert. den.,
365 So.2d 711 (Fla. 1978). Additionally, we are specifically authorized to review any order of a deputy commissioner. See Section
440.271....
CopyCited 4 times | Published | Supreme Court of Florida | 1980 Fla. LEXIS 4251
...The hearing was held and the order was issued in Dade County. The Industrial Relations Commission affirmed the order on February 6, 1979, and on July 31, 1979 the JIC adjudicated Rollins permanently and totally disabled. Southern Bell appealed this ruling to the IRC. On October 1, 1979 the IRC, pursuant to section 440.271, Florida Statutes, [3] transferred the case to the First District Court of Appeal....
...ional nexus between that action and a particular appellate district. We can find no constitutional impediment to the assignment of workers' compensation appeals to the First District Court of Appeal. We find no merit to petitioner's other arguments. Section 440.271 is not a prohibited special law under article III, section 11, nor does it violate the procedural requirements of article V, section 9....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...appellate attorney's fee. We grant the motion, vacate our order and award his attorney an appellate attorney's fee of $300. This appeal was perfected before jurisdiction was vested in this Court and was transferred here on 1 October 1979 pursuant to Section 440.271, Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 771
...The undersigned Deputy Commissioner has jurisdiction of the parties and the subject matter and venue lies in Hillsborough County, Florida; 2. The parties have been properly noticed for all hearings in this case." Appellee made no appearance in the proceeding and failed to appeal the compensation order pursuant to section 440.271, Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Associated Industries of Florida accepted that invitation and has assisted the court by filing a brief and presenting oral argument, taking the position that the subject statute was constitutional. Third, the Department of Labor and Employment Security entered this cause as a party appellee pursuant to Section 440.271, Florida Statutes (Supp. 1980). However, the language in Section 440.271 which provides that the Department shall be a party to appeals to this court from orders of deputy commissioners was enacted as Section 10 of Chapter 80-236, Laws of Florida, and was, by the terms of Section 29 of Chapter 80-236, Laws...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 154768
...ssue presented in this case is not specifically governed by any specific statutory provision in chapter 440 or any decision of the courts of Florida, we directed the Division of Workers' Compensation, as a party respondent to this appeal pursuant to section 440.271, Florida Statutes (1987), to present argument addressing the jurisdictional considerations in the interest of learning, among other things, whether the Division has adopted any policy or followed any particular practice regarding mult...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2550746
...The venue provisions in chapter 47, Florida Statutes (2007), do not apply to appellate courts. Nevertheless, it is at least logical to suggest that the legislative provisions that give the First District authority over workers' compensation appeals, see § 440.271, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Commission, other considerations are more than sufficient to sustain this legislation against a due process objection. I find nothing in Article V which requires a different result. NOTES [1] As amended by Chapter 79-312, Section 1, and codified as Section 440.271, Florida Statutes (1979), Chapter 79-40, Section 46, provides in part: (1) After September 30, 1979, review of any order of a deputy commissioner entered pursuant to chapter 440, Florida Statutes, shall be by appeal to the District Court of Appeal, First District....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The present order under review was entered by the Deputy Commissioner upon remand as directed by order of the Industrial Relations Commission after its review as the prescribed appellate body prior to the recent legislative assignment of these cases to this court. Section 440.271, Florida Statutes (1979)....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16540, 2010 WL 4273365
...b)(1), which authorizes a transfer of venue “[i]f a proceeding is commenced in an inappropriate court.” Because Florida law requires that appellate review of workers’ compensation cases shall be by this court, we deny the motion. Specifically, section 440.271, Florida Statutes (2010) requires that “[r]eview of any order of a judge of compensation claims entered pursuant to this chapter shall be by appeal to the District Court of Appeal, First District.” In addition, the supreme court, in Rollins v....
CopyPublished | Florida 1st District Court of Appeal
...e findings of fact
based on competent, substantial evidence.” Heifetz v. Dep’t of Bus.
Regul., Div. of Alcoholic Beverages & Tobacco,
475 So. 2d 1277,
1281 (Fla. 1st DCA 1985).
By law, we have the authority to review an order of a JCC. See
§
440.271, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 497, 1984 Fla. LEXIS 3647
...RULE 4.050 CLAIMS Claims and notices to controvert shall be filed with the Division at its office in the City of Tallahassee. Claims shall be subject to adjudication or dismissal only by order of the Deputy Commissioner or reviewing court. Comment — 1984 Revision: Derived from section 440.271, Florida Statutes and Rule 20, Florida Workers’ Compensation Rules of Procedure....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11754, 1991 WL 248695
...striction, the geographical scope of the job search, and the results thereof. In sum, the order fails to make findings of fact on the various matters in dispute in sufficient detail to enable this court to accord the appellate review contemplated by section 440.271....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079
...APPENDIX FLORIDA RULES OF WORKERS’ COMPENSATION PROCEDURE PART AL TRIAL PROCEEDINGS RULE 4.010. SCOPE AND TITLEGEN-ERAL PROVISIONS These rules, adopted and promulgated pur-saant-to-the legal authority of the Supreme Gourt of-Floridawith the authority of sections 440.271 and 440,29(3), Florida Statutes, shall govern all workers’ compensation proceedings in and before the judges of compensation claims and in the District Court of Appeal, First District....
...ssioners. C£-M40^5(-l-)-Fla.Stat.-(1979⅜ §
440.20(10)(b), Fla.Stat. (1979). This differs radic-a-Ily-from-the traditional source of creating and disciplining-the plead-i-ng-by-which civil actions are initiated. -1984- Amendment. — Derived from section
440.271, F-lorida-StatuteSj-and rule 20, Florida -Workers’ Compensation Rules of-Rroce-dure....
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 5238, 1992 WL 102430
...appeal, appellant designated the appeal as one to the First District Court of Appeal. This court does have exclusive jurisdiction to review orders entered by judges of compensation claims pursuant to chapter 440, Florida Workers’ Compensation Law. Section 440.271....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236
...rs. Cf. §
440.25(1) Fla.Stat. (1979); § 440.-20(10)(b), Fla.Stat. (1979). This differs — radically—from the traditional source of creating and disciplining the pleading by which civil actions are initiated. 1984 RgvisiomAmendment. Derived from section
440.271, Florida Statutes^ and Rrule 20, Florida Workers’ Compensation Rules of Procedure....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 4528, 1990 WL 85426
...arty’s right to take deposition testimony regarding issues that have been appealed to the district court of appeal in workers’ compensation proceedings. We next address the proper method of appellate review of an order on a rule 1.290(b) motion. Section 440.271, Florida Statutes (1989), states: “Review of any order of a judge of compensation claims entered pursuant to this chapter shall be by appeal to the District Court of Appeal, First District....
CopyPublished | Florida 3rd District Court of Appeal
Transferred to the First District Court of Appeal pursuant to Section 440.271, Florida Statutes.
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 1520, 1993 WL 30649
...1st DCA 1980). Workers’ compensation rule 4.166(b) permits the Division of Workers’ Compensation of the Florida Department of Labor and Employment Security to intervene and “take positions on any relevant matters” in an appeal to this court. Section 440.271, Florida Statutes, expressly provides for notice to the division 2 of proceedings relating to indigency and authorizes the division’s intervention in appeals....
CopyPublished | Florida 1st District Court of Appeal
...e tribunals is purely a
function of statute, our review being “judicial review” of
administrative action. See Art. V, § 4(b)(2), Fla. Const. The
Legislature in turn has separately authorized this court to hear
“appeals” from JCC orders. See § 440.271, Fla....
CopyPublished | Florida 1st District Court of Appeal
...§ (4)(b)(2) (providing that a district court
has “the power of direct review of administrative action, as
prescribed by general law”). And the Legislature has given this
court the exclusive power to directly “[r]eview any order of a judge
of compensation claims entered pursuant to” chapter 440, Florida
Statutes. § 440.271, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8706, 1995 WL 488334
...ess fee of no more than $200 a day. We reverse. Due to the fact that this case presents a question of first impression, this court requested a brief from the Division of Workers’ Compensation of the Department of Labor and Employment Security. See section 440.271, Florida Statutes (1993) (the Division shall have the right to intervene in appellate proceedings seeking review of an order of a Judge of Compensation Claims)....
