CITY OF OPA LOCKA v. WILLIAMS

No. 1D03-4405.

910 So.2d 865 (2005)

CITY OF OPA LOCKA and their Carrier, Unisource, Appellant, v. Alonso WILLIAMS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 2, 2005.


Attorney(s) appearing for the Case

Christopher M. McShane and Edward D. Schuster, of Massey, Coican, & Schuster, LLC, Fort Lauderdale, for Appellant.

Erik Grindal, of Pemsler & Grindal, P.A., Coral Gables; and Jay M. Levy, of Jay M. Levy, P.A., Miami, for Appellee.


BARFIELD, J.

We reverse the ruling of the Judge of Compensation Claims (JCC) that the employer/servicing agent (E/SA) waived their right to amend the pre-trial stipulation to assert defenses and to list witnesses and exhibits, on both of the grounds outlined in his final order awarding the claimant benefits. We find that the E/SA did not invoke the "pay-and-investigate" provision of section 440.20(4), and that any failure...

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