Polston v. Hurricane Island Outward Bound

Marilyn Polston challenges an order entered by the Judge of Compensation Claims (JCC) finding that she violated section 440.105(4)(b)(2), Florida Statutes. We reverse and remand.

Polston filed a petition for benefits, but subsequently voluntarily dismissed the petition for benefits. The employer/carrier (E/C) filed a response asserting that they did not agree to a dismissal and they requested the JCC to determine whether Polston knowingly made false, fraudulent or misleading statements for the purpose of securing workers’ compensation benefits in violation of section 440.105. The JCC…