OSCAR VALLECILLO, APPELLANT,
v.
BACHILLER IRONWORKS, APPELLEE
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The court reversed dismissal of a workers' compensation claim because the settlement agreement violated section 440.20(11), Florida Statutes, by failing to comply with statutory requirements for valid waivers of workers' compensation benefits when the claimant was unrepresented by counsel.
A settlement agreement waiving workers' compensation benefits is invalid if it does not comply with section 440.20(11), Florida Statutes, regardless of whether the claimant was represented by counsel.
[1] A settlement agreement waiving workers' compensation benefits is invalid unless it complies with section 440.20(11), Florida Statutes, and the judge of compensation claim…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Absent compliance with section 440.20(11), any agreement by the claimant to waive his right to workers' compensation benefits was invalid.”
Court explaining the statutory requirement for valid settlement agreements in workers' compensation cases.
Vallecillo signed a release waiving his workers' compensation claim without being represented by counsel. The judge of compensation claims dismissed h…
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PER CURIAM.
The claimant seeks review of a summary final order dismissing his workers’ compensation claim. We agree that the judge of compensation claims erred in enforcing the settlement agreement because it did not comply with section 440.20(11), Florida Statutes (2003). Although the judge of compensation claims concluded that he did not have jurisdiction to rescind the agreement under section 440.20(ll)(c), that section did not apply here because it is undisputed that the claimant was not represented by counsel when he signed the release. The judge of compensation claims had jurisdiction to determine whether the parties entered into a valid, binding settlement agreement. Jacobsen v. Ross Stores, 882 So. 2d 431, 433 (Fla. 1st DCA 2004). Absent compliance with section 440.20(11), any agreement by the claimant to waive his right to workers’ compensation benefits was invalid. See §§ 440.20(11)(c) & 440.21(2), Fla. Stat. (2003). Accordingly, we reverse the summary final order dismissing the claimant’s workers’ compensation claim and remand for further proceedings on the unresolved issue of whether appellee was the claimant’s employer. As to the remaining claim on appeal regarding the taking of depositions, we affirm without discussion.
AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings.
WEBSTER, DAVIS, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jacobsen v. Ross Stores & Sedgwick Claims, 882 So. 2d 431 (Fla. 1st DCA 2004)