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Ralston v. Circle

District Court of Appeal of Florida, First District
Sep 11, 1995
659 So. 2d 1380 (Fla. Dist. Ct. App. 1995)

Summary

In Ralston, we appropriately decided that because the 21-day period could not commence before the claim was filed, the E/C's receipt of a copy of the claim before the claimant had filed it did not trigger the operation of the 21-day rule.

Summary of this case from Indian River County School Board v. Baker

Opinion

No. 94-3911.

September 11, 1995.

Appeal from the Judge of Compensation Claims, Daniel A. Lewis, J.

Marla L. Killmon of Law Offices of Arvid J. Peterson, III, Boca Raton, for appellant.

Helene H. Morris and Sean J. Gallagher of Miller, Kagan, Rodriguez Silver, P.A., West Palm Beach, for appellees.


The claimant appeals a workers' compensation order by which a section 440.34(3)(b), Florida Statutes (1991), attorney's fee claim was denied. The statute provides for an attorney's fee when:

. . . the employer or carrier fails or refuses to pay a claim filed with the division which meets the requirements of s. 440.19(1)(e) on or before the 21st day after receiving notice of the claim. . . .

In the present case a permanent total disability claim was accepted and paid on the 21st day after it was filed with the Division of Workers' Compensation. The claimant had provided the employer with a copy of the permanent total claim several days before it was filed, and contends that the 21-day period should commence upon the employer's receipt of this copy of the claim prior to filing. Although Gunter v. Sauer, Inc., 629 So.2d 1086 (Fla. 1st DCA 1994), establishes that the 21-day period commences upon actual notice of a filed claim, prior notice cannot become effective under the statute until the date of filing. Because the permanent total claim was accepted and paid within 21 days after that date, the judge properly determined that the claimant was not entitled to recover an attorney's fee under section 440.34(3)(b). The appealed order is therefore affirmed.

DAVIS, J. and SHIVERS, Senior Judge, concur.


Summaries of

Ralston v. Circle

District Court of Appeal of Florida, First District
Sep 11, 1995
659 So. 2d 1380 (Fla. Dist. Ct. App. 1995)

In Ralston, we appropriately decided that because the 21-day period could not commence before the claim was filed, the E/C's receipt of a copy of the claim before the claimant had filed it did not trigger the operation of the 21-day rule.

Summary of this case from Indian River County School Board v. Baker
Case details for

Ralston v. Circle

Case Details

Full title:HERB RALSTON, APPELLANT, v. CIRCLE K AND GALLAGHER BASSETT SERVICES, INC.…

Court:District Court of Appeal of Florida, First District

Date published: Sep 11, 1995

Citations

659 So. 2d 1380 (Fla. Dist. Ct. App. 1995)

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