Benton v. ICR Electric

This is a timely appeal from an order of the Judge of Compensation Claims dismissing a claim for death benefits with prejudice. Because the JCC erred in finding that the claim was barred by the statute of limitations and in denying the appellant’s motion for appointment of a personal representative to pursue the claims of the decedent’s minor survivors, we reverse.

Section 440.17, Florida Statutes (1997), provides that the JCC may require the appointment by a court of competent jurisdiction of a guardian or other representative. The decision on whether to require appointment of a guardian or…