Legal Opinion

Hernandez v. PALMETTO GENERAL HOSPITAL

District Court of Appeal of Florida

Decided March 31, 2011No. 1D10-2730PublishedCited by 1 opinion

1Opinion of the CourtWetherell, J.

In this workers’ compensation appeal, Claimant seeks reversal of an order of the Judge of Compensation Claims (JCC) dismissing all of her pending petitions for benefits (PFBs) with prejudice. The JCC dismissed the PFBs based on Claimant’s failure to pay, and her failure to attend a hearing to explain her failure to pay, the costs entered against her after the dismissal of several prior PFBs. Because the record does not establish that Claimant’s failure to attend the hearing was a willful or flagrant disregard of the JCC’s authority, the JCC abused his discretion in dismissing the PFBs on that…

2Cases cited5 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. Martinez v. Collier County Public SchoolsDistrict Court of Appeal of Florida · 2002
  3. Witham v. Sheehan Pipeline Construction Co.District Court of Appeal of Florida · 2010
  4. Hill v. Greyhound Lines, Inc.District Court of Appeal of Florida · 2008
  5. Hernandez v. PALMETTO GENERAL HOSP.District Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Martin v. Code Enforcement, City of JacksonvilleDistrict Court of Appeal of Florida · 2013

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