Legal Opinion

Franklin v. Riviera Beach Fire Rescue

District Court of Appeal of Florida

Decided February 26, 2014No. 1D13-2765PublishedCited by 1 opinion

1Opinion of the CourtLewis, C.J.

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred when he denied Claimant’s claim for upgraded hearing aids. Because the employer/servicing agent (E/SA) agreed to provide the upgraded hearing aids — and only challenged the specific model requested by Claimant — we hold that the JCC abused his discretion, when he denied the claim in its entirety based on insufficient evidence to establish the need for upgraded hearing aids.

The basic facts in this case are not in dispute. Claimant, a former firefighter, suffered a partial loss of hearing in…

2Cases cited3 opinions

  1. Rucker v. City of OcalaDistrict Court of Appeal of Florida · 1996
  2. Isaac v. Green Iguana, Inc.District Court of Appeal of Florida · 2004
  3. Knight v. WalgreensDistrict Court of Appeal of Florida · 2013

3Cited by1 opinion

  1. Pedro Leon v. CSB Services, Inc., North American Risk Ser.District Court of Appeal of Florida · 2017

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