1DCA Dismisses Workers' Comp Appeal After JCC Vacates Order

In Gonzalez v. Axiom Contracting Group / National Casualty Company, Case No. 1D2023-1498, the First DCA addressed whether the time to appeal a JCC final compensation order is tolled by authorized motions for rehearing in the OJCC.

The court explained that Florida Rule of Appellate Procedure 9.020(h) tolls rendition for a timely motion for rehearing, and an OJCC administrative rule stating rehearing does not toll the appeal deadline cannot override the Supreme Court's appellate rules. Applying the tolling rule, the notice of appeal was not untimely.

The court also entered an order under rule 9.600(b) authorizing the OJCC to dispose of a still-pending rehearing motion by written order. After the JCC vacated the final compensation order, the appeal was dismissed.

Source: Written Opinion (PDF)