LIFE CARE CENTER OF WINTER HAVEN and GALLAGHER BASSET SERVICES, INC., v. VALERIE A. BENJAMIN
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LIFE CARE CENTER OF WINTER HAVEN and GALLAGHER BASSET SERVICES, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-0858 Appellants, v. VALERIE A. BENJAMIN, Appellee. _____________________________/ Opinion filed November 30, 2009. An appeal from an order of the Judge of Compensation Claims. Mark H. Hofstad, Judge. Date of Accident: October 14, 2004. Jeffrey E. Appel and Mark N. O'Grady of Appel Law Group, Lakeland, for Appellants. Susan W. Fox of Fox & Loquasto, P.A., Tampa, and Joshua C. Nelson of Smith, Feddeler, Smith & Miles, P.A., Lakeland, for Appellee. PER CURIAM The employer/carrier (E/C) challenge an order of the Judge of Compensation Claims (JCC) that generally sets forth the manner in which permanent impairment benefits are to be calculated and paid. Nevertheless, the order on appeal does not calculate the dollar amount of permanent impairment benefits to which Claimant is entitled, the essential issue tried below. Instead, the JCC directed the parties to administratively determine additional facts and calculate the benefits thereon. Additionally, the JCC reserved jurisdiction to determine the exact amounts due and owing should the parties be unable to reach an agreement. Because the order does not finally resolve the central issue brought to trial, the order is nonfinal and nonappealable, and the E/C s appeal is DISMISSED. See Fla. R. App. P. 9.180(1); see also Martin County Bd. of County Commr s v. Jones, 595 So. 2d 125, 128 (Fla. 1st DCA 1992) (holding where JCC reserved on precise amount of medical bills appellate court did not have jurisdiction over issue of whether JCC erred awarding such payment); Betancourt v. Sears Roebuck & Co., 693 So. 2d 680 (Fla. 1st DCA 1997) (stating where JCC reserves ruling on a claim that is ripe for adjudication, order is not yet final or appealable). DISMISSED. VAN NORTWICK, and PADOVANO, JJ., and BROWNING, JR., EDWIN B., SENIOR JUDGE, CONCUR. 2
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