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BATTLE v. GENTRY

No. 1D04-3507.

898 So.2d 263 (2005)

Johnny BATTLE d/b/a Battle Construction and Amcomp/Pinnacle Benefits Inc., Appellants, v. Tim E. GENTRY, Appellee.

District Court of Appeal of Florida, First District.

March 17, 2005.

Attorney(s) appearing for the Case

H. George Kagan, Esquire, Miller, Kagan, Rodriguez and Silver, P.A., West Palm Beach, for Appellants.

Michael J. Demarko, Pensacola, for Appellee.

PER CURIAM.

This case comes to us on appeal from an order of the Judge of Compensation Claims (JCC) finding that the claimant's notice of election to be exempt pursuant to section 440.05(3), Florida Statutes (2001), was invalid because of the lack of an oath as the statute requires. Section 440.05(3), provides that certain construction industry workers can exempt themselves from the requirements of workers' compensation law by mailing a written notice of election...

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