AMABLE J. MOYA-PERGUERO, APPELLANT,
v.
TRUCKS AND PARTS OF TAMPA, INC. AND AMERITRUST INSURANCE CORP., APPELLEES

Fla. 1st DCA | 2012-01-24
No. 1D11-3425
BENTON, C.J., DAVIS, and MARSTILLER, JJ., Concur.
77 So. 3d 912 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) dismissing Claimant’s petition for benefits (PFB). We reverse and remand because, as Claimant asserts, and as the Employer/Carrier concedes, the JCC erred in sua sponte dismissing the PFB after a hearing on a motion for sanctions requesting only attorney’s fees. Parties are entitled to notice of the issues to be determined at a hearing, and an order that is not in accord with the understanding with which the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. See Sch. Dist. of Hillsborough Cnty. v. Dickson, 67 So.3d 1080, 1083 (Fla. 1st DCA 2011).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., Concur.


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  • Delgado v. City Concrete Sys., Inc., 220 So. 3d 529 (Fla. 1st DCA 2017)
    …d at a hearing, an order that is not in accord with the understanding with which -the workers’ compensation hearing was undertaken and participated in is a denial of due process and must be reversed. Moya-Perguero v. Trucks and Parts of Tampa, Inc., 77 So. 3d 912 (Fla. 1st DCA 2012); see also School Dist. of Hillsborough Cnty. v. Dickson, 67 So. 3d 1080 (Fla. 1st DCA 2011); Southeast Recycling v. Cottongim, 639 So. 2d 155, 157 (Fla. 1st DCA 1994) (finding that award of chiropractic care must be reversed beca…

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