Opinion
No. 1D04-3536.
August 19, 2005.
An appeal from an order of the Judge of Compensation Claims. David W. Langham, Judge.
Woodburn S. Wesley of Woodburn S. Wesley Assoc., Ft. Walton Beach, for Appellant/Cross-Appellee.
Mary L. Wakeman of McConnaughhay, Duffy, Coonrod, Pope Weaver, P.A., Tallahassee, for Appellees/Cross-Appellants.
The claimant is not entitled to recover workers' compensation benefits from the employer/carrier because the claimant filed a valid notice of election to be exempt from the provisions of chapter 440, Florida Statutes. See Battle v. Gentry, 898 So.2d 263 (Fla. 1st DCA 2005); § 440.10(1), Fla. Stat. (2002). Therefore, the JCC's ruling is affirmed.
AFFIRMED.
KAHN, C.J., BARFIELD and DAVIS, JJ., concur.