Guarantee Mutual Life Co. v. McCartney
Guarantee Mutual Life Co. v. McCartney
Opinion of the Court
Guarantee Mutual Life Company and State Claims Adjusters, Inc. (“carrier/servicing agent”) appeal an order of the Judge of Compensation Claims (“JCC”), which determined that the workers’ compensation policy issued by the carrier provided coverage for the claimant’s accident, and awarded benefits. The carrier/servicing agent raise six issues on appeal. Because the carrier/servicing agent failed to appear at the final hearing to raise the arguments they now raise on appeal after having received actual notice of the final hearing from the employer, we affirm.
The carrier/servicing agent conceded at oral argument that the JCC had jurisdiction over them because the JCC had jurisdiction over the employer.
In the present ease, the attorney for the employer telefaxed and mailed a copy of the JCC’s notice of the final hearing scheduled
Because the JCC had jurisdiction over the earrier/servicing agent and the carrier/servicing agent received actual notice of the final hearing from the employer, we hold that the earrier/servicing agent had an obligation to appear at the final hearing to raise their arguments before the JCC. Because the earrier/servicing agent failed to raise the arguments they now raise on appeal before the JCC, their arguments have not been preserved for appellate review.
Accordingly, the order of the JCC is AFFIRMED.
. Section 440.41(2), Florida Statutes (1993), provides: "Jurisdiction of the employer by the judges of compensation claims, the division, or any court under this chapter shall be jurisdiction of the carrier.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.