CRAWFORD AND COMPANY AND WHEELED COACH INDUSTRIES, APPELLANTS,
v.
DARIUS BARNES, APPELLEE
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The court reversed the award of permanent total disability benefits based on the employer's failure to timely file a notice of denial, finding that the JCC's reliance on Waffle House was superseded by North River Ins. Co. v. Wuelling, and remanded for reconsideration; the court also reversed the exclusion of surveillance evidence without adequate findings of prejudice.
An employer and carrier's failure to file a timely notice of denial does not automatically result in an award of permanent total disability benefits when the controlling precedent in North River Ins. Co. v. Wuelling applies rather than Waffle House v. Hutchinson.
[1] An employer and carrier's failure to timely file a notice of denial does not automatically warrant an award of permanent total disability benefits when North River Ins. …
[2] A judge of compensation claims must make specific findings regarding prejudice and other discretionary factors when excluding late-disclosed evidence, as mere untimelines…
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Join FLexlaw to unlock all legal intelligenceThe employer and carrier failed to file a notice of denial within 14 days of a claim for benefits, and the JCC awarded permanent total disability bene…
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DAVIS, Judge.
In this case the employer and carrier (e/c) appeal an order in which the judge of compensation claims (JCC) awarded permanent total disability benefits because e/c failed to file a notice of denial within 14 days of the filing of a claim for benefits. The JCC relied upon Waffle House v. Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996), and did not have the benefit of this court’s opinion in North River Ins. Co. v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996). Accordingly, we reverse and remand for reconsideration in light of North River Ins. Co. v. Wuelling.
E/C also appeal the JCC’s decision to exclude certain last-minute surveillance evidence. The JCC has broad discretion over such questions, but must consider certain factors in exercising that discretion. See Binger v. King Pest Control, 401 So. 2d 1310 (Fla.1981); Dodson v. Persell, 390 So. 2d 704 (Fla.1980). In Cedar Hammock Fire Dep’t v. Bonami, 672 So. 2d 892 (Fla. 1st DCA 1996), this court reversed an order excluding certain late-disclosed evidence in the absence of evidence of actual prejudice to the oppos ing party. If it is necessary to revisit the admissibility of this evidence on remand, the JCC is directed to make additional findings from which this court can discern the foundation for the exercise of this discretionary authority.
REVERSED and REMANDED.
ERVIN and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Russell Corp. & Thomas Howell Group/GAB Robbins v. Brooks, 698 So. 2d 1334 (Fla. 1st DCA 1997)…concurs with opinion. * See also Commercial Carrier Corp. v. Madsen, 695 So. 2d 770 (Fla. 1st DCA 1997)(reversing award of permanent total disability benefits where judge of compensation claims relied on Waffle House)] Crawford and Co. v. Barnes, 691 So. 2d 1142 (Fla. 1st DCA 1997)(holding error to award permanent total disability benefits on grounds that employer/carrier failed to file notice of denial within fourteen days of claim for benefits); Spence v. Trader Publ'g Co., 688 So. 2d 4 (Fla. 1st DCA 1997…
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Alachua Cnty. Bd. OF Cnty. Comm'rs & Palmer & Cay/Carswell v. Starling, 699 So. 2d 310 (Fla. 1st DCA 1997)…So. 2d 1334 (Fla. 1st DCA 1997); Commercial Carrier Corp. v. Madsen, 695 So. 2d 770 (Fla. 1st DCA 1997)(re-versing award of permanent total disability benefits where judge of compensation claims relied on Waffle House); Crawford and Co. v. Barites, 691 So. 2d 1142 (Fla. 1st DCA 1997)(holding error to award permanent total disability benefits on' grounds that employer/carrier failed to file notice of denial within fourteen days of claim for benefits); Spence v. Trader Publ'g Co., 688 So. 2d 4 (Fla. 1st DCA 199…
Authorities Cited
- Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981)
- Dodson v. Persell, 390 So. 2d 704 (Fla. 1980)
- The N. River Ins. Co. v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996)
- Waffle House & O'Steen Adjusting Servs. v. Lecia Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996)
- Cedar Hammock Fire Dep't & Fla. League of Cities v. Bonami, 672 So. 2d 892 (Fla. 1st DCA 1996)