Legal Opinion · Dissent

Solsaa ex rel. Solsaa v. Werner Enterprises, Inc.

District Court of Appeal of Florida

Decided October 11, 2005No. 1D04-2909Published

1DissentHawkes, J.

I am compelled to dissent. Claimant’s argument for benefits depends on a hope and a dream that a bizarre “I gotcha” claim can work. She argues that the E/C’s mistaken payment of Nebraska benefits can somehow trigger a provision of Florida law that would forever bar any adjudication of a Florida claim based on its merits. Her argument concludes that, as a consequence, the E/C and the system must now be burdened paying her Florida compensation to which she was never entitled.2 Apparently, dreams can sometimes come true.

Two uncontested points should have shattered the dream. The first is a…

2Cases cited3 opinions

  1. Bussey v. Wal-Mart Store 725District Court of Appeal of Florida · 2004
  2. Louisiana Pacific Corp. v. HarcusDistrict Court of Appeal of Florida · 2000
  3. Cole v. Fairfield CommunitiesDistrict Court of Appeal of Florida · 2005

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