San Pedro v. Taco Bell/Yum! Brands

Claimant appeals the Judge of Compensation Claims’ (JCC) dismissal of his petition for benefits based on the Employer/Carrier’s motion for summary final order. For the following reasons, we reverse.

The opposing party is required to file a response to a motion for summary final order within 30 days of service, plus five days for mailing. See Fla. Admin. Code R. 60Q-6.108(6), -6.120(3). Here, the motion for summary final order considered by the JCC included a May 19, 2008, certificate of service date. Evidence in the record indicates that appellant may not have received the motion for summary…