THG Rentals & Sales of Clearwater, Inc. v. James C. Arnold

ON MOTION FOR REHEARING

The Employer/Carrier (E/C) moves for rehearing on the merits, arguing that re-pleading its misrepresentation defense is unnecessary and potentially problematic in the unique procedural posture of this case. On consideration of the E/C’s arguments and the pertinent portions of the record, we agree. Accordingly, we grant the E/C’s motion for rehearing, withdraw our previous opinion, and substitute the following in its place.

In this workers’ compensation case, the Employer/Carrier (E/C) appeals, and Claimant cross-appeals, an order of the Judge of Compensation Claims (JCC)…