Opinion
Case No. 1D03-853.
Opinion filed February 10, 2004.
An appeal from a final order from the Judge of Compensation Claims, Thomas G. Portuallo, Judge.
Robert W. Elton, Daytona Beach, Attorney for Appellant.
Loren W. Fender and Theodore N. Goldstein of Rissman, Weisberg, Barrett, Hurt, Donahue McLain, P.A., Orlando, Attorneys for Appellee.
This is an appeal of final worker's compensation order denying compensation. The JCC determined that Claimant failed to provide timely notice of his injury and that Claimant did not meet the exceptions to the timely notice requirement in section 440.185(1), Florida Statutes (2000). However, having reviewed the undisputed facts in this case, we hold that these facts do fall within the exceptional circumstances exception in section 440.185(1)(d). Accordingly, we reverse the order denying compensation and remand for further proceedings.
REVERSED and REMANDED for further proceedings.
BOOTH, PADOVANO and BROWNING, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED.