District Court of Appeal of Florida

An award of benefits made by a judge of compensation claims is vacated and remanded where an employer/carrier's "fraud" defense was not barred under the doctrine of res judicata by an earlier settlement, since it was based upon facts that allegedly arose after the settlement and concerned new petitions for benefits.

Appellate Information

• Decided 09/20/2006
• Published 09/21/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Mark K. Eckels of Boyd & Jenerette, P.A., Jacksonville, and William Bassett, Jr. of Lydecker, Diaz, Lee, Behar, Berga & de Zayas, L.L.C., Miami, for Appellants.


• For Appellees:
  
• Dean Burnetti, Lakeland, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellee.