BRIAN GILLILAND, APPELLANT,
v.
WOOD 'N YOU, AND EXECUTIVE RISK CONSULTANTS, APPELLEES
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The court reversed the approval of a workers' compensation lump-sum settlement because the judge of compensation claims lacked full knowledge of the claimant's complete medical condition, particularly a bulging disc at L4-L5, making the findings unsupported by competent, substantial evidence.
A workers' compensation settlement approval must be set aside when the judge of compensation claims lacks full knowledge of the claimant's complete medical condition at the time of approval.
[1] A judge of compensation claims must review the entire medical file, including all medical reports, before approving a workers' compensation settlement, and failure to do…
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Join FLexlaw to unlock all legal intelligence“failure of JCC to review entire file, including all medical reports, before approving settlement is fundamental error invalidating agreement and order”
Court cited East v. Pensacola Tractor & Equip. Co. for the principle that failure to review the entire medical file constitutes fundamental error.
Claimant Gilliland had surgery to correct a herniated disc at L5-S1 but still had a bulging disc at L4-L5 when a lump-sum settlement was approved. He …
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PER CURIAM.
In this workers’ compensation case, the claimant seeks review of an order denying his petition to set aside an earlier order approving a lump-sum settlement. The judge of compensation claims found that claimant was fully aware at the time of the settlement that, although he had had surgery to correct a herniated disc in his back at L5-Sl, he still had a bulging disc at L4-L5. The judge of compensation claims found, further, that his predecessor had reviewed the entire file and had full knowledge of claimant’s medical condition before he approved the settlement. Our careful review of the record convinces us that neither of those findings is supported by competent, substantial evidence. Accordingly, we reverse, and remand with directions that the order approving the settlement be set aside. § 440.20(12)(d) Fla. Stat. (Supp.1990). See, e.g., Cordell v. Pittman Building Supply, 470 So. 2d 865 (Fla. 1st DCA 1985) (settlement must be set aside because JCC not informed of all facts necessary to evaluate whether it was in claimant’s best interest); East v. Pensacola Tractor & Equip. Co., 384 So. 2d 156 (Fla. 1st DCA 1980) (failure of JCC to review entire file, including all medical reports, before approving settlement is fundamental error invalidating agreement and order).
REVERSED and REMANDED, with directions.
BOOTH, SMITH and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sanders v. City OF Orlando, 997 So. 2d 1089 (Fla. 2008)…688, 689 (Fla. 1st DCA 1994) (substantially the same). In fact, multiple decisions have even concluded that the failure of a JCC to set aside a settlement agreement under certain circumstances constitutes error. See, e.g., Gilliland v. Wood ‘N You, 626 So. 2d 309, 310 (Fla. 1st DCA 1993) (reversing the decision of the JCC to deny setting aside an earlier order that approved a lump-sum settlement agreement); East v. Pensacola Tractor & Equip. Co., 384 So. 2d 156, 157 (Fla. 1st DCA 1980) (reversing the decisio…
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Rose v. N. Am. van Lines & Rem, 794 So. 2d 680 (Fla. 1st DCA 2001)…e conclude that the petition made allegations sufficient to at least warrant such a hearing. See Steele v. A.D.H. Bldg. Contractors, Inc., 174 So. 2d 16 (Fla.1965); State v. Florida Indus. Comm’n, 151 So. 2d 636 (Fla.1963); Gilliland v. Wood ‘N You, 626 So. 2d 309 (Fla. 1st DCA 1993); Smith v. Rose Auto Stores, 596 So. 2d 809 (Fla. 1st DCA 1992); Cordell v. Pittman Bldg. Supply, 470 So. 2d 865 (Fla. 1st DCA 1985); D'Amico v. Marina Inn & Yacht Harbor, Inc., 444 So. 2d 1038 (Fla. 1st DCA 1984); Morgan Yacht Co…
Authorities Cited
- East v. Pensacola Tractor & Equip. Co., Inc., 384 So. 2d 156 (Fla. 1st DCA 1980)
- Cordell v. Pittman Bldg. Supply & Gen. Accident Grp., 470 So. 2d 865 (Fla. 1st DCA 1985)