Bing v. Ocala Cleat Co.

The issue before the judge of industrial claims was whether the claimant was mentally incompetent so as to necessitate the appointment of a guardian and to defeat a statute of limitations’ bar to her claim for workers’ compensation benefits. Based solely on his observations of the claimant, and contrary to all recorded evidence, the judge of industrial claims found that the claimant was mentally competent. We reverse.

The test for mental incompetency sufficient to defeat applicability of § 440.-19(1)(a), Florida Statutes (1973), can be found in Thomas v. Westinghouse Electric & Mfg. Co., 160…