Summary
reversing because the judge of compensation claims did not apply the correct statute when determining if notice was timely
Summary of this case from Clay County School Board v. RobisonOpinion
No. 95-4029.
August 14, 1996. Rehearing Denied October 3, 1996.
An appeal from from an order of the Judge of Compensation Claims, Charles Vocelle, Judge.
Debra M. Metzler and Mary Ann Stiles of Stiles, Taylor Metzler, P.A., Tampa, for appellants.
Charles E. Bentley and Jeffrey E. Appel of Holland Knight, Lakeland, for appellee.
In this workers' compensation case, the judge of compensation claims (JCC) excused the claimant's failure to timely notify the employer of his alleged work-related injury because the JCC found that the claimant's actions were reasonable and the E/C were not prejudiced by the untimely notice. Because the JCC did not address the provisions of the applicable statute, section 440.185 (1), Florida Statutes (Supp. 1994), we reverse and remand for such consideration. We decline to reach the remaining points on appeal.
ERVIN, KAHN and DAVIS, JJ., concur.