Interstate Brands Corp./Broadspire v. Blanco

The cornerstone of the majority opinion is that “the JCC accepted the adjuster’s testimony and specifically found that the E/C had absolutely no knowledge it had ever stopped paying benefits. Given this finding of fact, it was not permissible for the JCC to find (nor did she find) that the E/C intended to permanently suspend PTD and PTD supplemental benefits.” The majority, therefore, determined that Interior Custom Concepts v. Slovak, 969 So.2d 1095 (Fla. 1st DCA 2007), is controlling.

I cannot agree. As the JCC correctly determined, the initial subjective intent or lack of culpability of the…