Legal Opinion

Viteritti v. Peakload Inc. of America

District Court of Appeal of Florida

Decided September 10, 2003No. 1D02-2569Published

1Opinion of the CourtErvin, J.

Claimant, John Viteritti, Jr., seeks reversal of a final workers’ compensation *522order wherein the judge of compensation claim (JCC) denied his petition to set aside the indemnity settlement order entered on April 12, 1990, and the medical settlement order entered on October 19, 1995, based upon the doctrine of res judi-cata and a finding that claimant was mentally competent at the time he entered into the settlements. We affirm the finding of competency, because there is competent, substantial evidence to support the JCC’s ruling. We reverse the JCC’s application of res judicata, however,…

2Cases cited3 opinions

  1. DeCancino v. Eastern Airlines, Inc.Supreme Court of Florida · 1973
  2. Artigas v. Winn Dixie Stores, Inc.District Court of Appeal of Florida · 1993
  3. Pruett-Sharpe Const. v. HaydenDistrict Court of Appeal of Florida · 1995

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