Legal Opinion

Florida Department of Transportation v. Rippy

District Court of Appeal of Florida

Decided July 18, 2011No. 1D10-5781PublishedCited by 1 opinion

1Per curiam

In this workers’ compensation case, the Employer/Carrier (E/C) filed a motion seeking to terminate Claimant’s entitlement to benefits under chapter 440 on grounds Claimant violated section 440.105(4)(b), Florida Statutes (2006), and thus, pursuant to section 440.09(4)(a), Florida Statutes (2006), she was no longer entitled to any benefits. No petition for *1123benefits was pending when the E/C filed its motion. Because we conclude the Judge of Compensation Claims (JCC) lacked jurisdiction to address the E/C’s Motion to Terminate Benefits, we quash the order on appeal and remand with directions…

2Cases cited3 opinions

  1. Polk County v. SofkaSupreme Court of Florida · 1997
  2. Pace v. MIAMI-DADE COUNTY SCHOOLDistrict Court of Appeal of Florida · 2004
  3. Polston v. Hurricane Island Outward BoundDistrict Court of Appeal of Florida · 2006

3Cited by1 opinion

  1. Hamm ex rel. Hamm v. PMI Employee LeasingDistrict Court of Appeal of Florida · 2014

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