A Florida court has reversed a decision that dismissed a claim for permanent total disability (PTD) benefits in a workers’ compensation case. The ruling affects Silvestre Andres Dominguez, who was injured while working in April 2017. The court found that the lower court had jurisdiction over the case when Dominguez filed his claim, and he is entitled to a hearing regarding his benefits.

The decision is significant as it highlights the rights of injured workers to seek compensation for their injuries. It also clarifies the responsibilities of employers and insurance carriers in responding to workers' compensation claims.

Background

Silvestre Andres Dominguez was injured on April 19, 2017, while working for Centerline Directional Drilling Service, Inc. He filed the first of two petitions for benefits (PFB) on September 7, 2018, seeking PTD benefits. The employer and insurance carrier, South East Personnel Leasing, Inc. and Packard Claims Administration, responded on October 4, 2018, stating they accepted Dominguez as permanently totally disabled starting August 21, 2018. They also agreed to pay reasonable costs associated with the petition.

However, the Judge of Compensation Claims (JCC) dismissed Dominguez’s claim, stating she lacked jurisdiction. The JCC argued that the employer and carrier's acceptance of PTD benefits removed the matter from her jurisdiction. This ruling prompted Dominguez to appeal the decision to the First District Court of Appeal of Florida.

The Ruling

The First District Court of Appeal ruled in favor of Dominguez, reversing the JCC's dismissal. The court stated, “The E/C’s voluntary acceptance did not remove the matter from the JCC’s jurisdiction because the JCC retained jurisdiction over costs.” The court emphasized that it was unclear whether Dominguez had received any benefits between the date the employer conceded he was entitled to PTD benefits and the date he filed his claim.

Judges WOLF, M.K. THOMAS, and DUNCAN concurred with the opinion. The court ordered the case to be sent back to the JCC for further proceedings, allowing Dominguez to have an evidentiary hearing on his claim for benefits.

Impact

This ruling has important implications for injured workers in Florida. It reinforces the principle that workers have the right to challenge denials or dismissals of their claims for benefits. The court's decision clarifies that an employer's acceptance of a worker's disability status does not automatically eliminate the jurisdiction of the JCC over the case.

The decision may also encourage other injured workers to pursue their claims, knowing they have legal avenues to seek benefits. It highlights the importance of ensuring that workers receive the compensation they are entitled to for workplace injuries.

What's Next

The case will return to the Judge of Compensation Claims for further proceedings. Dominguez will have the opportunity to present his case for PTD benefits. Details were not available in the court filing regarding whether the ruling can be appealed further.