Vega v. FRS Environmental Remediators

District Court of Appeal of Florida

Vega v. FRS Environmental Remediators

145 So. 3d 895, 2014 WL 3709762, 2014 Fla. App. LEXIS 11571

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 2014

DocketNo. 1D13-5947

StatusPublished

This text of 145 So. 3d 895 (Vega v. FRS Environmental Remediators) 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.

Bluebook

Vega v. FRS Environmental Remediators, 145 So. 3d 895, 2014 WL 3709762, 2014 Fla. App. LEXIS 11571 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that concludes Claimant is disqualified, under section 440.09(4), Florida Statutes (1998), from all benefits otherwise available to him under the Florida Workers’ Compensation Law. Upon receipt of Claimant’s brief, this court entered an order advising the parties that this appeal is being considered for summary affirmance under Florida Rule of Appellate Procedure 9.315(a). Accordingly, the parties were directed to refrain from further briefing.

Because the record evidence supports the JCC’s finding that Claimant was convicted and adjudicated guilty of workers’ compensation fraud under section 440.105, [896]*896Florida Statutes, in a court of competent jurisdiction, we find no error in the JCC’s conclusion that Claimant has, therefore, forfeited his entitlement to workers’ compensation benefits as directed by section 440.09(4). Accordingly, we affirm the appealed order, which denies all benefits on this basis. We further conclude that Claimant fails to present a preliminary basis for this court to reverse the order on appeal; thus, under rule 9.315(a) we AFFIRM the order on appeal, on a summary basis.

VAN NORTWICK, CLARK, and SWANSON, JJ., concur.

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PER CURIAM.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that concludes Claimant is disqualified, under section 440.09(4), Florida Statutes (1998), from all benefits otherwise available to him under the Florida Workers’ Compensation Law. Upon receipt of Claimant’s brief, this court entered an order advising the parties that this appeal is being considered for summary affirmance under Florida Rule of Appellate Procedure 9.315(a). Accordingly, the parties were directed to refrain from further briefing.

Because the record evidence supports the JCC’s finding that Claimant was convicted and adjudicated guilty of workers’ compensation fraud under section 440.105, [896]*896Florida Statutes, in a court of competent jurisdiction, we find no error in the JCC’s conclusion that Claimant has, therefore, forfeited his entitlement to workers’ compensation benefits as directed by section 440.09(4). Accordingly, we affirm the appealed order, which denies all benefits on this basis. We further conclude that Claimant fails to present a preliminary basis for this court to reverse the order on appeal; thus, under rule 9.315(a) we AFFIRM the order on appeal, on a summary basis.

VAN NORTWICK, CLARK, and SWANSON, JJ., concur.

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Bluebook (online)

145 So. 3d 895, 2014 WL 3709762, 2014 Fla. App. LEXIS 11571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-frs-environmental-remediators-fladistctapp-2014.