Gregory v. CRUM STAFFING AND BROADSPIRE

Claimant appeals an order of the Judge of Compensation Claims (JCC) finding his claim barred because he failed to give notice of his injury to the employer/carrier (E/C) within 30 days of the injury as required by section 440.185(1), Florida Statutes (2007). Claimant argues the JCC erred by finding he was not excused from complying with this requirement pursuant to section 440.185(l)(a), Florida Statutes (2007), because the E/C had actual knowledge of his injury. For the reasons explained below, we agree and reverse.

Claimant filed a claim seeking various benefits stemming from a shoulder…