Disability Law

First DCA: Raising Compensability Defense for the First Time at Hearing Deprives Claimant of Due Process

By David A. McCranie, Esq.

A injured worker's right to receive workers' compensation benefits on account of a compensable accident is a property right which is entitled to procedural due process protection before it can be taken away.  That protection includes the right to fair notice and an opportunity to be heard.  Thus, the JCC erred in allowing the employer/carrier to raise its compensability defense to the employee's claim for the first time on the day of the hearing.  See Vargas v. Chamsy Transfer, Inc., decided on 1/9/2009.

Full post as published by Florida Workers’ Compensation Law Blog on January 31, 2009 (boomark / email).