Branham v. TMG Staffing Services

Because the majority fails to apply sections 440.185(4) and 440.19, Florida Statutes, as construed by this court, I dissent from the majority opinion. See Fontanills v. Hillsborough County Sch. Bd., 913 So.2d 28 (Fla. 1st DCA 2005).

The majority grants rehearing and affirms because Claimant did not prove by competent, substantial evidence or a preponderance of the evidence that he did not receive notice of the information to which he was entitled; however, this is not Claimant’s burden here. An E/C is required by sections 440.185 and 440.19 to mail the required informational brochure to a…