In Edelmira Y. Alzate v. Correct Care Solutions, LLC and ESIS WC Claims asserting that the pending petition claims for medical indemnity benefits were ripe and untried at the time of a prior final hearing, the E/C moved for summary final order. Claimant defended res judicata did not apply because the JCC had reserved jurisdiction over the petition claims because at the time they had not yet been mediated. The JCC acknowledged the reservation of jurisdiction, but noted this did not end the inquiry. The issue remained as to whether those claims could, or should, have been litigated at the time. Concluding both legal and factual questions remained, JCC DENIED the E/C motion for SFO noting the defense could be raised at the final hearing.
