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POLSTON v. HURRICANE ISLAND OUTWARD BOUND

No. 1D04-5457.

920 So.2d 766 (2006)

Marilyn POLSTON, Appellant, v. HURRICANE ISLAND OUTWARD BOUND and Zenith Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

February 13, 2006.

Attorney(s) appearing for the Case

Keith A. Mann, Sarasota; and Bill McCabe, Longwood, for appellant.

Stephen S. Berlin, Zenith Insurance Staff Counsel, Zenith Insurance Company, Sarasota; and Elizabeth C. Wheeler, of Elizabeth C. Wheeler, P.A., Orlando, for appellees.

PER CURIAM.

Marilyn Polston challenges an order entered by the Judge of Compensation Claims (JCC) finding that she violated section 440.105(4)(b)(2), Florida Statutes. We reverse and remand.

Polston filed a petition for benefits, but subsequently voluntarily dismissed the petition for benefits. The employer/carrier (E/C) filed a response asserting that they did not agree to a dismissal and they requested the JCC to determine whether Polston knowingly made...

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