DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL GEOLOGISTS, APPELLANT,
v.
PHILLIP R. DAVIS, APPELLEE; PHILLIP R. DAVIS, CROSS-APPELLANT, V. BOARD OF PROFESSIONAL GEOLOGISTS, CROSS-APPELLEE
PER CURIAM.
In case number 92-898, we REVERSE the final order of the Division of Administrative Hearings finding Rule 21DD-5.002, Florida Administrative Code, “invalid when applied to Petitioner Davis and persons similarly situated,” and hold that the rule applies to the application for licensure of Phillip R. Davis. This action requires us to also REVERSE the final order of the Board of Professional Geologists in case number 92-2875 denying Davis’s application for licensure, since the licensure proceeding did not take into account the effect of the rule on Davis’s application. We reject the “default license” argument as being without merit. Case number 92-2875 is remanded to the Board of Professional Geologists for such further proceedings as are necessary in light of this opinion. Davis’s motion for attorney’s fees and costs is DENIED.
BOOTH, BARFIELD and KAHN, JJ., concur.
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ACE Disposal & Fla. Air Condition Contractors v. Holley, 668 So. 2d 645 (Fla. 1st DCA 1996)…he requirement for employer notification is founded upon practical necessity and the E/C’s obligation to inform claimants of their rights and responsibilities under the Workers’ Compensation Act. See § 440.185, Fla.Stat.; Turner v. Rinker Materials, 622 So. 2d 80, 84 (Fla. 1st DCA 1993) (“The Workers’ Compensation Act remains a presumptively self-executing, but fundamentally employer/carrier monitored, system.”); Barnes v. PCH Walter T. Parker, 464 So. 2d 1298, 1299 (Fla. 1st DCA 1985) (‘Workers’ Compensatio…
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Mobile Med. Indus. & Associated Indus. Ins. Co., Inc. v. Quinn, 985 So. 2d 33 (Fla. 1st DCA 2008)…ystem, and it is the responsibility of the employer/carrier to make benefits available to a claimant, even when the employer/carrier are unsure whether such benefits are owing, pending a resolution of the uncertainty. See Turner v. Rinker Materials, 622 So. 2d 80 (Fla. 1st DCA 1993). The opinion of Dr. Lonstein that claimant did not have a permanent impairment attributable to the compensable accident was not received until after the report of Dr. Knego was received. Likewise, the opinion of Dr. Bright was no…
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Katia Gauthier v. Fla. Int'l Univ. & Div. of Risk Mgmt., 38 So. 3d 221 (Fla. 1st DCA 2010)…efinements and revisions, the Workers’ Compensation Act remains, in its day-today operations, fundamentally an employer/carrier-monitored system. See Ace Disposal v. Holley, 668 So. 2d 645, 648 (Fla. 1st DCA 1996) (citing Turner v. Rinker Materials, 622 So. 2d 80, 84 (Fla. 1st DCA 1993)); see also Barnes v. PCH Walter T. Parker, 464 So. 2d 1298, 1299 (Fla. 1st DCA 1985) (describing Act as “quintessentially an employer-carrier monitored system”). Although section 440.015, Florida Statutes (2005), emphasizes t…
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