IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DIONEL RODRIGUEZ, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D17-0210
IPC INTERNATIONAL
CORPORATION and LIBERTY
MUTUAL,
Respondents.
___________________________/
Opinion filed August 7, 2017.
Petition for Writ of Certiorari – Original Jurisdiction.
Date of Accident: January 22, 2012.
Martha D. Fornaris of Fornaris Law Firm, P.A., Coral Gables, for Petitioner.
Kip O. Lassner and Daniel M. Schwarz of Cole, Scott & Kissane, P.A., Plantation,
for Respondents.
PER CURIAM.
DISMISSED.
LEWIS and WINSOR, JJ., CONCUR; WETHERELL, J. CONCURS WITH
OPINION.
WETHERELL, J., concurring.
I agree that the petition seeking review of the order denying the claimant’s
motion to determine his competency must be dismissed because the claimant did
not establish the irreparable harm necessary for certiorari review. See F.T.M.I.
Operator, LLC v. Limith, 140 So. 3d 1065, 1067 (Fla. 1st DCA 2014). However, in
my view, even if the claimant had established the requisite irreparable harm, the
petition would have been denied because the record establishes that the judge of
compensation claims (JCC) applied the correct law and reasonably based her finding
that the claimant failed to prove that he was incompetent on the overwhelming
evidence that the claimant was malingering and feigning his mental condition. The
argument to the contrary in the petition is, in my view, nothing more than a thinly-
veiled request for this court to reweigh the evidence presented to the JCC. That,
however, is not the proper function of this court, particularly in an extraordinary writ
proceeding.
With these additional observations, I concur in the disposition of this case.
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