COLE v. FAIRFIELD COMMUNITIES

No. 1D04-1434.

908 So.2d 1105 (2005)

Jill COLE, Appellant, v. FAIRFIELD COMMUNITIES and RSKCO, Appellees.

District Court of Appeal of Florida, First District.

July 20, 2005.


Attorney(s) appearing for the Case

Jon E. Benezette, Daytona Beach and Bill McCabe, Longwood, for Appellant.

Lamar D. Oxford and Alan D. Kalinoski of Dean, Ringers, Morgan & Lawton, Orlando, for Appellees.


PER CURIAM.

The appellant, Jill Cole, appeals from the denial of her workers' compensation claim for a neck injury. We conclude that the judge of compensation claims properly ruled that the injury was not compensable. Although the carrier made one payment to the claimant, the evidence showed that the payment was made in error, so the judge correctly concluded that the employer did not waive the right to deny the compensability of the injury.

The facts of the...

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