Indian River County School Board v. Baker

In my judgment, the majority’s decision requiring actual notice of a claim as a precondition to an award of fees under section 440.34(3)(b), Florida Statutes (1991), is a substantial departure from prior case law which recognized that notice of a claim for statutory purposes occurs once an employer has sufficient information to begin investigating the status of its employee’s condition. In support of its position that section 440.34(3)(b) requires nothing less than actual notice of the claimant’s maximum medical improvement (MMI) condition, the majority cites three cases from this court:…