Legal Opinion
Airey v. WAL-MART/SEDGWICK
District Court of Appeal of Florida
Decided December 31, 2009No. 1D09-2578PublishedCited by 13 opinions
1Opinion of the CourtWebster, J.
In this workers’ compensation case, claimant seeks review of a final order dismissing his petition for benefits filed on February 15, 2007, as time-barred pursuant to section 440.19, Florida Statutes (2003). Because we conclude that the judge of compensation claims erred as a matter of law in dismissing the petition as time-barred, we reverse.
The pertinent facts are undisputed. Hence, the issue is one purely of law, subject to de novo review. See McBride v. Pratt & Whitney, 909 So.2d 386, 387 (Fla. 1st DCA 2005).
It is undisputed that the petition for benefits was timely filed. While not…
2Cases cited7 opinions
- McBride v. Pratt & WhitneyDistrict Court of Appeal of Florida · 2005
- Turner v. Keller Kitchen Cabinets, Southern, Inc.Supreme Court of Florida · 1971
- Strack v. Executive Motors, Inc.District Court of Appeal of Florida · 1987
- John Ringling Towers v. KleinDistrict Court of Appeal of Florida · 1991
- McWilliams v. AMERICAN DUTCH HOTELDistrict Court of Appeal of Florida · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phillip A. Fortune v. Gulf Coast Tree Care Inc./Florida Citrus etc.District Court of Appeal of Florida · 2014
- Wendler v. City of St. AugustineDistrict Court of Appeal of Florida · 2013
- Longley v. Miami-Dade County School BoardDistrict Court of Appeal of Florida · 2012
- Loziane O. Moise v. Disney Pop Century Resort, and Walt Disney World etc.District Court of Appeal of Florida · 2018
- Williams v. State Department of Corrections/division of Risk ManagementDistrict Court of Appeal of Florida · 2012
8 more not listed; retrieve them via the Exa API.