Eastern Airlines & GAB v. Griffin

I concur with that portion of the court’s opinion which affirms the compensation order awarding attendant care benefits in an amount greater than that agreed upon by the parties. I dissent from that part of the opinion receding from certain statements in Fawaz v. Florida Polymers, 622 So.2d 492, 496 (Fla. 1st DCA 1993), which impose a due diligence requirement on a party seeking relief from a stipulation on the ground of mistake of fact.

In approving the order on review, the majority relies upon Florida Rule of Workers’ Compensation Procedure 4.130, authorizing a judge of compensation claims…