JOHN EATMON, APPELLANT,
v.
MICHAEL BONAGURA AND STATE FARM FIRE & CASUALTY COMPANY, APPELLEES
JOHN EATMON, APPELLANT,
MICHAEL BONAGURA AND STATE FARM FIRE & CASUALTY COMPANY, APPELLEES
590 So. 2d 4
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the order of the judge of compensation claims dismissing the claimant’s wage loss claim. When a claimant invokes the fifth amendment, the judge of compensation claims should fashion an appropriate sanction that relieves the resulting prejudice to the employer and carrier’s defense. Dismissal, when appropriate, is one available sanction. Village Inn Restaurant v. Aridi, 543 So. 2d 778 (Fla. 1st DCA 1989). There was no abuse of discretion on the part of the judge in determining that dismissal of the claimant’s wage loss claim was the appropriate sanction to relieve prejudice resulting from the claimant’s refusal, based on invocation of the fifth amendment, to produce the documents at issue.
AFFIRMED.
ZEHMER, BARFIELD and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bauman v. State, 600 So. 2d 551 (Fla. 2d DCA 1992)…the written judgment; and (3) without citation to statutory authority authorizing the imposition of such costs. We strike the costs that exceed those imposed pursuant to section 960.20 and those imposed for public defender fees. See Nutter v. State, 590 So. 2d 4 (Fla. 1st DCA 1991). Finally, the trial court lacked jurisdiction to file the amended order of probation after Bauman had filed his notice of appeal. See Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991). However, since the trial court’s original…
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Fernandez v. Blue SKY/Venecia Food Corp. & Aequicap Claims Servs., 40 So. 3d 779 (Fla. 1st DCA 2010)…question of whether the JCC’s dismissal of a workers’ compensation claim is an appropriate means of relieving prejudice to the E/C stemming from a claimant’s invocation of the Fifth Amendment privilege against self-incrimination. Eatmon v. Bonagura, 590 So. 2d 4 (Fla. 1st DCA 1991). In Eatmon, the Court concluded the JCC did not abuse his discretion in dismissing a claim for wage loss benefits after the claimant refused to produce documents based on the Fifth Amendment. The Eatmon court recognized, however,…
Authorities Cited
- Vill. INN Rest. & Gallagher-Bassett Servs., Inc. v. Aridi, 543 So. 2d 778 (Fla. 1st DCA 1989)