Liberty Mutual Ins. Co. v. Prather

Full title: LIBERTY MUTUAL INSURANCE COMPANY AND PROCESS SYSTEMS, INC., Appellants, v…

Court: District Court of Appeal of Florida, First District

Date published: Mar 28, 2002

810 So. 2d 976 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-3459.

February 6, 2002. Rehearing Denied March 28, 2002.

An appeal from Judge of Compensation Claims Michael J. DeMarko.

Frank C. Bozeman, III, and Colleen Cleary Ortiz of Bozeman, Jenkins Matthews, P.A., Pensacola, for Appellants.

T. Rhett Smith and Teresa E. Liles, of T. Rhett Smith, P.A., Pensacola, for Appellee.

BARFIELD, J.

The order denying the employer/carrier's motion to dismiss under section 440.105(4)(b), Florida Statutes, on the ground that the Judge of Compensation Claims (JCC) lacked jurisdiction to apply section 440.09(4), Florida Statutes, to this worker's compensation claim, is REVERSED and the case is REMANDED to the JCC for further proceedings in accordance with Russell Corp. v. Jacobs, 782 So.2d 404 (Fla. 1st DCA), rev. denied, 791 So.2d 1098 (Fla. 2001).

BOOTH and PADOVANO, JJ., concur.