WALTER HANDLEY, APPELLANT,
v.
NAPOLEON STEEL CONTRACTORS, INC., AND HOME INDEMNITY COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the deputy commissioner was correct in dismissing the workers' compensation claim for failure to diligently prosecute.
Appellant filed a workers' compensation claim in 1972, but took no action on it. All benefits due have been paid, but the appellant wishes to keep the…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dismissal For Failure To Prosecute cases and more on FLexlaw
McCORD, Judge.
This is an appeal from the deputy commissioner’s order dismissing appellant’s workers’ compensation claim against appel-lees for failure to diligently prosecute. We affirm.
Appellant filed his claim in October 1972, but no action has ever been taken on the claim. Appellant concedes that all benefits due have been paid and no benefits are presently pending. However, he does have a degenerative condition for which he desires to leave his claim open for future benefits.
Appellees paid compensation benefits to appellant until 1977 and made their last payment of medical benefits to appellant sometime before November 1978. Workers’ Compensation Rule 11(b) provides:
Any claim, or any petition to modify, in which it affirmatively appears that no action has been taken by request for hearing, filing of pleadings, order of Deputy Commissioner, payment of compensation, provision of medical care, or otherwise for a period of two years is subject to dismissal for lack of prosecution.
Pursuant to the above rule, the deputy commissioner was correct in dismissing appellant’s claim.
AFFIRMED.
SHIVERS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Regal Wood Prods., Inc. v. Raimundo Mendez, 432 So. 2d 141 (Fla. 1st DCA 1983)…made no showing of good cause for failure to prosecute and under the rule it is mandatory that the claim be dismissed. See also Anthony v. Collier County School Board, 420 So. 2d 895 (Fla. 1st DCA 1982); Handley v. Napoleon Steel Contractors, Inc., 417 So. 2d 295 (Fla. 1st DCA 1982). Under these circumstances it was an abuse of discretion for the deputy to deny the E/C’s motion to dismiss. See generally, Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), pet. for rev. den., 412 So. 2d 468 (Fla.1982)…