OHENEYO REYES, APPELLANT,
v.
JOHN ALLAN JOHNSTONE, APPELLEE
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The court held that notice of a hearing sent by claimant's attorney is insufficient to satisfy statutory requirements for notice to the employer.
The employer (Reyes) appealed a finding that he received proper notice of a hearing on a claim. The official notice sent by certified mail was returne…
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PER CURIAM.
Reyes appeals, urging that the Judge of Industrial Claims erred in finding that he received proper notice of the hearing on Johnstone’s claim. We agree and reverse.
In order to satisfy the requirements of Chapter 440 Florida Statutes and of due process, the record must affirmatively demonstrate that notice of a hearing was given to the employer. Luzak Food Corp. v. Dovel, IRC Order 2-3035 (1976). Section 440.25(3)(a) Florida Statutes (1977) requires that the Judge of Industrial Claims give this notice. Here, the official notice sent to the employer by certified mail was returned unclaimed and no other notice was sent by the Judge of Industrial Claims. The only record indication that Reyes received any notice at all is the statement by claimant’s attorney that notice of the hearing was included with other documents sent to Reyes.
We are aware that personal notice is no longer required, compare sections 440.-25(3)(a) Florida Statutes (1974) and 440.-25(3)(a) Florida Statutes (1977), and under certain circumstances actual notice may be sufficient. Burdine’s v. Wilson, 9 FCR 212 (1974), cert. denied 313 So. 2d 38 (Fla.1975). However, notice sent by claimant’s attorney is not sufficient to satisfy the requirements of the statute. Donald M. Patterson, Inc. v. Carnegie, 9 FCR 368 (1976).
In view of this decision, it is not necessary to determine appellant’s Point II.
Reversed and remanded for a hearing de novo.
MILLS, C. J. and McCORD and THOMPSON, JJ., concur.
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Barbour v. Waterman, 394 So. 2d 517 (Fla. 1st DCA 1981)…proper notice of the hearing on Waterman’s claim. To satisfy the requirements of Chapter 440, Florida Statutes, and of basic due process, the record must affirmatively demonstrate that notice of hearing was given to the employer. Reyes v. Johnstone, 388 So. 2d 344 (Fla. 1st DCA 1980). The compensation order dated March 19, 1980, is reversed as to Ed Barbour, Jr., and Prospectus Construction Co., and remanded for a hearing de novo after due notice to all parties. REVERSED AND REMANDED. MILLS, C. J., and WEN…
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City OF Hollywood v. Pisseri, 504 So. 2d 1262 (Fla. 1st DCA 1986)…dustries, Inc., 281 So. 2d 897 (Fla.1973). And finally, the lawyer for Continental and the supervising adjustor for their servicing company, UAC, received actual notice of the hearing, which can be deemed sufficient without more. Reyes v. Johnstone, 388 So. 2d 344 (Fla. 1st DCA 1980). Continental’s second argument that Pisseri was required to file a claim against them before they could be made to pay benefits is without merit according to Section 440.19, Florida Statutes. An injured worker has no responsibil…
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Cabell v. Spirco Env't, Inc., 579 So. 2d 838 (Fla. 1st DCA 1991)…rements of the [*840] Workers’ Compensation Act and due process of law are met if the record affirmatively demonstrates that the employer received notice of the claim. Barbour v. Waterman, 394 So. 2d 517, 518 (Fla. 1st DCA 1981); Reyes v. Johnstone, 388 So. 2d 344, 345 (Fla. 1st DCA 1980). The instant record is clear that the Division mailed a copy of the claim to Spirco. Thereafter, a notice of appearance was filed by counsel representing Spirco and Crum & Forster. The record affirmatively demonstrates that…
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