Handley v. Napoleon Steel Contractors, Inc.

District Court of Appeal of Florida

Handley v. Napoleon Steel Contractors, Inc.

417 So. 2d 295, 1982 Fla. App. LEXIS 20580

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1982

DocketNo. AF-183

StatusPublished

Cited by1 cases

This text of 417 So. 2d 295 (Handley v. Napoleon Steel Contractors, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Handley v. Napoleon Steel Contractors, Inc., 417 So. 2d 295, 1982 Fla. App. LEXIS 20580 (Fla. Ct. App. 1982).

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Opinion

McCORD, Judge.

This is an appeal from the deputy commissioner’s order dismissing appellant’s workers’ compensation claim against appel-lees for failure to diligently prosecute. We affirm.

Appellant filed his claim in October 1972, but no action has ever been taken on the claim. Appellant concedes that all benefits due have been paid and no benefits are presently pending. However, he does have a degenerative condition for which he desires to leave his claim open for future benefits.

Appellees paid compensation benefits to appellant until 1977 and made their last payment of medical benefits to appellant sometime before November 1978. Workers’ Compensation Rule 11(b) provides:

Any claim, or any petition to modify, in which it affirmatively appears that no action has been taken by request for hearing, filing of pleadings, order of Deputy Commissioner, payment of compensation, provision of medical care, or otherwise for a period of two years is subject to dismissal for lack of prosecution.

Pursuant to the above rule, the deputy commissioner was correct in dismissing appellant’s claim.

AFFIRMED.

SHIVERS and WIGGINTON, JJ., concur.

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