Case Law Update May 2025
Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., ___So.3d ___(Fla. 1st DCA 5/7/25)
Alternate Coverage/JCC Jurisdiction
F.S. s. 440.211 provides that a Negotiated WC Insurance Program (NWCIP) can have a Collective Bargaining Agreement (CBA) that removes the JCC’s jurisdiction over a workplace accident/injury claim, but rather requires arbitration. The claimant agreed that a NWCIP was in place, but argued it should not apply (and the JCC should have jurisdiction) because the parties did not mutually agree/consent to the agreement and that the E/C waived its right to arbitrate. The DCA rejected these arguments and found the JCC did not err in finding he had no jurisdiction, and also held that although the E/C initially invoked the JCC’s jurisdiction, that action did not waive the right to assert the NWCIP controlled. To accept the claimant’s argument would mean the parties could confer jurisdiction on the JCC without authority. JCCs are purely a creature of statute and subject matter is never waivable. JCCs do retain the jurisdiction to determine IF they have jurisdiction. The JCCs Order was affirmed. Click here to read Opinion