Cases

The claimant was injured in a workplace accident and was paid workers' compensation benefits.  Medical care was provided.  Medical service providers attempted to collect from the injured worker the amounts of the bills for medical services rather than pursuing a claim agains the carrier.  The claimant filed a civil cause of action against the medical service providers pursuant to Section 559.77(1), F.S., the Florida Consumer Collection Practices Act (FCCPA).  The court dismissed this cause of action since the workers' compensation statute grants exclusive jurisdiction over any matter concerning reimbursement to the Florida Department of Financial Services and therefore, this cause of action under the FCCPA was precluded.  On appeal, these dismissals were reversed and the court held that the claimant's assertion of liabilty under Section 559.77(1), F.S., was not precluded.  The allegations of the claimant's complaint asserted violations of the FCCPA, Section 559.72(9), F.S., for attempting to collect an illegitimate debt and Section 559.72(5), F.S., for disclosing false information to a collection agency.  This determination was made based upon several factors utilized by courts in the interpretation of statutes. Reference to this opinion should be made for a discussion of these factors.

The court certified to the Florida Supreme Court the following question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v): Does Section 440.13(11)(c) of the Florida Workers' Compensation Law preclude circuit court jurisdiction over claims under Section 559.77(1) of the Florida Consumer Collection Practices Act?