As a general rule, the Judge of Compensation Claims can only consider the testimony of authorized doctors. Likewise, the Judge is limited to determining if the injured worker is owed any benefits in the past for medical care and/or lost wages. Also if a claim was filed for medical treatment to be approved the Judge can decide if the insurance company should provide that requested treatment.
The Judge of Compensation Claims has no jurisdiction over fees charged by an authorized medical provider. Judge Almeyda noted in the case of Maqueira v. FrankCrum, OJCC 07‑009035ERA that AHCA has exclusive jurisdiction over that issue.
We have been successful in getting unauthorized doctors’ records to be admissible in a denied claim. https://www.joannhoffman.com/workers-compensation.html
In the case of Hernandez v. FWC Division of Law Enforcement/Risk, OJCC 13-004928WWA, Judge Anderson held that where the Claimant refused to sign the agreement to resign and not to reapply for employment with the Employer that her case was controlled by Calderon v. J.B. Nurseries, Inc., 933 So.2d 553 (Fla. 1st DCA 2006). There, the Court held that a Claimant’s refusal to sign releases after agreeing to sign “any releases E/C may require,” did not render the settlement void, but only voidable at the employer/carrier’s election. Id. at 554. Implicit in this holding is recognition that a Judge of Compensation Claims does not have jurisdiction to require general releases and resignations.
In the case of William Weary, Jr. v. Southeast Employee Leasing, OJCC 14-016841JJL, Judge Lazzara noted in the footnote that while the workers’ compensation case was settled, there was an additional $100.00 consideration to be paid for a separate general release and acknowledgement of termination of employment, matters over which “this tribunal has no jurisdiction.”
Judge Holley in the case of Kesedzic v. Winn-Dixie Stores, Inc., OJCC 10-010752RJH ruled that releases and resignations are outside the bounds of Chapter 440 subject matter jurisdiction … the Court does not have the power or jurisdiction to enforce any settlement provisions regarding execution of a general release or voluntary resignation agreement.
In Juarez-Sanchez v. Pilot House, LLC, OJCC 15-004482RDM, Judge McAliley indicated that under Section 440.42(4), he has jurisdiction to resolve a controversy as to which two or more carriers are liable to pay benefits, but he has no statutory authority over an individual or the employer as they are not carriers.
An employee must look to see if there are other benefits that he can receive since the jurisdiction of the workers’ compensation judges is very limited.