Branham v. TMG Staffing Services

OPINION ON MOTION FOR REHEARING AND MOTION FOR CLARIFICATION

THOMAS, J.

This cause is before us on Appellee’s motion for rehearing and/or clarification. We grant Appellee’s motion and, accordingly, withdraw our previously published opinion dated June 18, 2008, and substitute the following opinion in its place.

We affirm the ruling of the Judge of Compensation Claims (JCC) finding that Appellant failed to prove that he did not receive notice of the applicable statute of limitations. Even if the JCC applied the incorrect standard in evaluating the evidence, we agree with Appellee that if such…