JENKINS ELECTRIC ET AL., APPELLANTS,
v.
DELBERT MAYES, APPELLEE
JENKINS ELECTRIC ET AL., APPELLANTS,
DELBERT MAYES, APPELLEE
393 So. 2d 44
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the point raised by appellants, finding that claimant’s letter, filed with the Division of Worker’s Compensation, was a sufficient claim to toll the statute of limitations until an amended claim was filed. Because of the concern raised in appellants’ argument, we add that we certainly do not sanction the manner in which appellants were initially notified of the original claim, i. e., by a notice of hearing “on the merits.” However, whatever the procedural deficiencies in this case, they did not operate to make appellee’s original claim invalid.
AFFIRMED.
SHIVERS, SHAW and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pitts v. Nimnicht Chevrolet & Adjustco, Inc., 569 So. 2d 921 (Fla. 1st DCA 1990)…not take a given form.” Bishop, 414 So. 2d at 597. See also McKenney v. School Board of Palm Beach County, 456 So. 2d 524, 527 (Fla. 1st DCA 1984); Robinson v. JDM Country Club, 455 So. 2d 1077 (Fla. 1st DCA 1984); Jenkins Electric, et al. v. Mayes, 393 So. 2d 44 (Fla. 1st DCA 1981). Rather, the determining factor appears to be whether the employer/carrier were prejudiced by the mislabeling. If the record reflects that the employer/carrier received notice of the mislabeled petition for modification and were…
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McKENNEY v. Sch. Bd. OF Palm Beach Cnty. & Gen. Adjustment Bureau, 456 So. 2d 524 (Fla. 1st DCA 1984)…a deputy commissioner). This court has previously held that a claimant’s letter requesting “a new hearing on my compensation case” was a sufficient claim to toll the statute of limitations until an amended claim was filed. Jenkins Electric v. Mayes, 393 So. 2d 44 (Fla. 1st DCA 1981) (we take notice of the contents of the claimant’s letter in Jenkins, see Department of Legal Affairs v. District Court of Appeal, 5th District, 434 So. 2d 310, 313 (Fla.1983)). Similarly, we find and hold that claimant’s claim fo…