10-3794 AMERISURE INSURANCE COMPANY - FL, v. MARTIN MEMORIAL MEDICAL AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION

State: Florida

Court: Florida First District Court

Docket No: 10-3794

Case Date: 07/18/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AMERISURE INSURANCE COMPANY-FL, Appellant, CASE NO. 1D10-3794 v. MARTIN MEMORIAL MEDICAL AND DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, Appellee. _____________________________/ Opinion filed July 18, 2011. An appeal from the Department of Financial Services. Cindy R. Galen, Eraclides, Johns, Hall, Gelman, Johannessen, & Goodman, L.L.P., for Appellant. Mari McCully, Florida Department of Financial Services/Division of Workers' Compensation, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. Appellant, a workers' compensation carrier, challenges a final order from the Workers' Compensation Division of the Department for Financial Services (the

Department). The order found that Appellant did not properly reimburse Appellee, a hospital, for its care of an injured employee. We hold the Department lacked subject matter jurisdiction to rule on the Petition for Reimbursement as the medical benefits were denied based on the non-compensability of the worker's heart condition. See

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