DAVID WALLACE, APPELLANT,
v.
WALTON CONTEXT BUILDING AND UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLEES
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Florida appellate court reversed the industrial claims judge's dismissal of a workers' compensation claim as time-barred, holding that a pretrial stipulation agreed to by the employer tolled the statute of limitations under § 440.19.
A pretrial stipulation agreed to by the employer and approved by the judge tolls the statute of limitations for workers' compensation claims.
[1] A pretrial stipulation agreed to by the employer and approved by the judge of industrial claims tolls the statute of limitations for workers' compensation claims, and par…
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Join FLexlaw to unlock all legal intelligence“when parties agree to facts and induce a deputy to enter an order because of confidence in their joint representation, all of them are in poor position later to represent that they were mistaken about those facts, in the absence of fraud, overreaching or some such element”
Court cited Steele v. A. D. H. Building Contractors, Inc. to establish that parties cannot repudiate stipulations absent fraud or overreaching.
Appellant Wallace sought workers' compensation benefits. In a pretrial stipulation approved on September 29, 1978, the employer agreed that medical tr…
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PER CURIAM.
Appellant/claimant seeks review of an order of the judge of industrial claims contending the judge erred in finding his claim time-barred under § 440.19, Florida Statutes (1977). We agree and reverse. In a pretrial stipulation, approved and accepted by the judge of industrial claims on September 29, 1978, the employer agreed that the medical treatment of Dr. Berg was authorized. This stipulation was admitted into evidence at the final hearing on October 26, 1978, as judge’s exhibit one without objection from the employer. As the Supreme Court stated in Steele v. A. D. H. Building Contractors, Inc., 174 So. 2d 16, 18 (Fla.1965):
We think it may be assumed without any violence of logic that when parties agree to facts and induce a deputy to enter an order because of confidence in their joint representation, all of them are in poor position later to represent that they were mistaken about those facts, in the absence of fraud, overreaching or some such element, .
We are aware that the judge of industrial claims may sometimes modify stipulations to prevent injustice, Delta Drilling Company, Inc. v. Wells, IRC Order 2-3708 (1979). However, here, as in Gory Roof Tile v. Wooden, IRC Order 2-3640 (1978) the record does not indicate any request to depart from the stipulation.
Accordingly, we hold that the stipulation was binding, therefore the statute of limitations should have been tolled.
Reversed and remanded for proceedings consistent with this opinion.
MILLS, C. J., and McCORD, J., concur. BOOTH, J., dissents with an opinion.
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
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Citator
Cited By
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Pollreisz v. State, 406 So. 2d 1297 (Fla. 1st DCA 1981)…conduct. Fresneda v. State, 347 So. 2d 1021 (Fla.1977). But where criminal activity is undertaken in concert with others, the method of pro-rating any required restitution is a matter within the discretion of the trial judge. Cf., B. A. D. v. State, 379 So. 2d 1311 (Fla. 1st DCA 1980). We find no abuse of discretion in the circumstances of the present case. The order appealed is affirmed. McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.…
Authorities Cited
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)
- Steele v. A. D. H. Bldg. Contractors, Inc., 174 So. 2d 16 (Fla. 1965)