Emerita O. Flores- Orellana v. Circle-K and Constitution State Ser.

ON MOTIONS FOR REHEARING

Respondents’ motion for rehearing as well as the lower tribunal’s motion for rehearing are denied. The court’s opinion filed August 5, 2014, is withdrawn sua sponte, and the following opinion is substituted for clarification.

In this workers’ compensation matter, Petitioner/Claimant seeks a writ of mandamus, requesting this Court order the Judge of Compensation Claims (JCC) to schedule a hearing on an action pending under section 440.28, Florida Statutes (2009). “To show entitlement to a writ of mandamus, a petitioner must demonstrate a clear legal right on her part, an…