TEX T. FERGUSON, APPELLANT,
v.
DADE COUNTY SCHOOL BOARD AND CNA INSURANCE COMPANIES, APPELLEES
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A valid claim of fraud can toll the statute of limitations for workers' compensation benefits.
The claimant failed to file a workers' compensation claim or receive benefits within two years of the last compensation payment. The claimant argued t…
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PER CURIAM.
This cause is before us on appeal from a workers’ compensation order finding the statute of limitations has run and is a bar to the claim for benefits. We reverse and remand for a hearing to determine whether fraud occurred in this case.
Section 440.19(l)(a), Florida Statutes (1970), acts as a statute of limitations barring compensation unless a claim is filed within two years after the date of the last compensation payment.
Here, claimant admitted he neither filed a claim nor received compensation benefits during the two years prior to May 3, 1983, the last date he filed a claim.
Claimant argued, pro se, at the hearing and in his brief that fraud on the part of the employer/carrier tolled the statute of limitations; thus, the deputy commissioner’s order must be reversed.
At the hearing, the deputy commissioner stated: “Racism and fraud are not recognized by the Courts as being reasons for tolling the Statute. On its face, what you’re saying, it’s not a valid, legal reason.” The deputy commissioner dismissed the claim with prejudice based on the statute of limitations.
We disagree with the deputy commissioner that a valid claim of fraud does not toll the statute of limitations. Accordingly, we reverse and remand for a hearing to determine whether a valid claim of fraud exists which would and should excuse the untimely claim. See Barnett Bank of Palm Beach County v. Estate of Leon Henry Read, Jr., 493 So. 447 (Fla.1986).
BOOTH, C.J., and MILLS and WENT-WORTH, JJ., concur.
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Doyle v. Fla. Unemployment Appeals Comm'n & Mid-State Fed. Sav. & Loan Ass'n, 635 So. 2d 1028 (Fla. 2d DCA 1994)…an employee does not object to the admissibility of such critical documentary evidence does not preclude an appellate court from considering the sufficiency of the evidence to support the UAC’s decision. See Harris v. Game & Fresh Water Fish Comm’n, 495 So. 2d 806 (Fla. 1st DCA 1986). We, therefore, reverse the UAC’s order which affirmed the referee’s decision that Doyle was guilty of misconduct as defined by the Unemployment Compensation Law and remand with directions to award Doyle unemployment compensatio…
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Johnson v. Dep't of Health & Rehabilitative Servs., 546 So. 2d 741 (Fla. 1st DCA 1989)…2 It is well settled that hearsay is admissible in an administrative setting, however, hearsay alone is insufficient to support a finding unless it would be admissible over objection in a civil action. See Harris v. Game and Fresh Water Fish Comm’n, 495 So. 2d 806, 808 (Fla. 1st DCA 1986); § 120.58(1)(a), Fla.Stat. (1987); Fla.Admin.Code Rule 1(1-2.060(1) (1988). Accordingly, in order for HRS to meet the burden of proof imposed when it relies upon hearsay, such evidence must be corroborated by non-hearsay, or…
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