Annabella Pinera v. Target/Sedgwick CMS
Opinion
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
ANNABELLA PINERA, Appellant, v. CASE NO. 1D15-4077
TARGET/SEDGWICK CMS, CORRECTED PAGES: pg 1 CORRECTION IS UNDERLINED IN Appellees. RED MAILED: October 7, 2016
BY: KMS
_____________________________/
Opinion filed October 7, 2016.
An appeal from an order of the Judge of Compensation Claims. Marjorie Renee Hill, Judge.
Date of Accident: August 24, 2012. Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant.
David S. Gold and David B. Stauber of Litchfield Cavo, LLP, Fort Lauderdale, for Appellees.
ON MOTION FOR REHEARING
PER CURIAM.
In light of the Florida Supreme Court’s decision in Westphal v. City of St.
Petersburg, 194 So. 3d 311 (Fla. 2016), Appellant’s Motion for Rehearing filed June 9, 2016, is granted, and our opinion rendered June 7, 2016, is withdrawn. This matter
is remanded to the Judge of Compensation Claims (JCC) for reconsideration consistent with Westphal. The JCC also shall determine whether additional defenses asserted by the Appellees, if any, are appropriately raised and resolved under the circumstances of this case and the material change in the law represented by Westphal.
REVERSED and REMANDED.
WETHERELL and KELSEY, JJ., and DEMPSEY, ANGELA C., Associate Judge, CONCUR.
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