Town of Pembroke Park v. McCarthy
Town of Pembroke Park v. McCarthy
Opinion of the Court
The employer, Town of Pembroke Park, appeals a compensation order which authorized surgery for the claimant McCarthy. We agree that the judge of industrial claims erred in failing to give the parties proper notice of the hearing as is required by Section 440.25(3), Florida Statutes (1977).
Claimant first requested an authorization hearing on May 15, 1978. On February 7, 1979, the judge sent out a proper notice setting the hearing for April 10, 1979. However, on April 3, attorneys for Florida Insurance Guaranty Association (FIGA) were substituted for those of the employer’s insurer, which had become insolvent, to defend the employer. FIGA’s attorneys sought a stay, and, on April 10, the judge ordered the hearing reset for April 19, reserving the date of May 4,1979, against the possibility the April date could not be met
We do not agree that the parties had waived all reasonable notice requirements by attempting to set a mutually convenient date for the hearing. It is not clear from the record when FIGA’s attorneys actually received the letter “confirming” the date of May 10; however, it was sometime after May 7, and the appellants assert it was May 9, the date of their protest to the judge. There is no evidence in the record that FIGA’s attorneys ever agreed to the May 10 date. Under these circumstances, we find that the judge failed to obtain jurisdiction over the appellant and erred in adjudicating the claim. Reversed and remanded for another hearing after proper notice to all parties.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.