Legal Opinion
Fernandez v. BLUE SKY/VENECIA FOOD CORP.
District Court of Appeal of Florida
Decided June 22, 2010No. 1D09-4112Published
1Per curiam
Mercedes Campo Fernandez (Claimant) appeals an order of the Judge of Compensation Claims (JCC) dismissing with prejudice all petitions and claims for benefits following her refusal to answer certain questions during her deposition related to her immigration status by invoking the Fifth Amendment privilege against self-incrimination. We conclude the JCC abused his discretion in dismissing with prejudice all petitions and claims for benefits and reverse.
Claimant filed a petition for benefits (PFB) seeking temporary total disability, temporary partial disability, and medical benefits for…
2Cases cited5 opinions
- Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting SystemCourt of Appeals for the Fifth Circuit · 1980
- Hanna v. INDUSTRIAL LABOR SERV. INC.District Court of Appeal of Florida · 1994
- Vasquez v. StateDistrict Court of Appeal of Florida · 2001
- Hill v. Greyhound Lines, Inc.District Court of Appeal of Florida · 2008
- Eatmon v. BonaguraDistrict Court of Appeal of Florida · 1991