Ismael Moreno v. Palm Beach County School Board

In this workers’ compensation appeal, Claimant contends that the Judge of Compensation Claims (JCC) erred in granting the Employer/Carrier’s (E/C’s) motion for summary final order based on application of Florida Administrative Code Rule 60Q-6.116(2), often called the “two-dismissal” rule. We agree the JCC improvidently granted the motion and write to explain our reasons.

I

Claimant filed his first petition for benefits (PFB) claiming entitlement to permanent total disability (PTD) benefits on September 14, 2010, requesting payment effective March 1, 2008, and continuing. The relevant…