ELAINE SANTANA, APPELLANT,
v.
AMERICAN AIRLINES AND SPECIALTY RISK SERVICES, APPELLEES
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Claimant asserts the Judge of Compensation Claims (JCC) erred by ordering her to execute and submit completed settlement documents. The parties in a workers’ compensation case may reach “a valid, binding oral settlement,” but the record must contain some evidence of the terms of the agreement. See Bonagura v. Home Depot, 991 So.2d 902, 904 (Fla. 1st DCA 2008). Here, the JCC based his orders granting Appellees’ motion to enforce settlement entirely upon an unsworn motion filed by the Employer/Carrier. This does not constitute competent substantial evidence. See O’Connor v. Hillsborough County Sec. Svcs./Cambridge Integrated Servs. GRP Employer, 954 So.2d 649, 653 (Fla. 1st DCA 2007); Hale v. Shear Express, Inc., 946 So.2d 94, 96 (Fla. 1st DCA 2006). Accordingly, the JCC’s orders are REVERSED, and the matter is REMANDED to the JCC for further proceedings. See Bonagura, 991 So.2d at 905.
BARFIELD, PADOVANO, and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lawrence v. Aquarius Sales & Serv., Inc., 30 So. 3d 690 (Fla. 1st DCA 2010)…s which are beyond the scope of the hearing, and in the circumstances of this case it was therefore error to make a finding on the issue of PIR. Scott Smith Oldsmobile v. Hoffard, 415 So. 2d 886 (Fla. 1st DCA 1982). Booher v. Perkins Rest. & Bakery, 11 So. 3d 1008 (Fla. 1st DCA 2009). We hereby modify the order on appeal by striking the JCC’s findings regarding [*691] Claimant’s PIR. See e.g., Belly Acres, Inc. v. Frankel, 412 So. 2d 48 (Fla. 5th DCA 1982) (modifying judgment in part and affirming as modified…
Authorities Cited
- Hale v. Shear Express, Inc., 946 So. 2d 94 (Fla. 1st DCA 2006)
- Bonagura v. Home Depot and Sedgwick, 991 So. 2d 902 (Fla. 1st DCA 2008)
- Guerra v. State, 954 So. 2d 649 (Fla. 3d DCA 2007)
- O'Connor v. Hillsborough Cnty. Sec. Svcs./Cambridge Integrated Servs. GRP Emp'r, 954 So. 2d 649 (Fla. 1st DCA 2007)