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NELCO COMPANIES v. LOTT

No. 1D05-3043.

937 So.2d 1219 (2006)

The NELCO COMPANIES and Unisource Administrators/Figa, Appellants, v. Anthony LOTT, Appellee.

District Court of Appeal of Florida, First District.

September 20, 2006.

Attorney(s) appearing for the Case

Mark K. Eckels of Boyd & Jenerette, P.A., Jacksonville, and William Bassett, Jr. of Lydecker, Diaz, Lee, Behar, Berga & de Zayas, L.L.C., Miami, for Appellants.

Dean Burnetti, Lakeland, and Bill McCabe of Shepherd, McCabe & Cooley, Longwood, for Appellee.

PER CURIAM.

Appellants, the employer and carrier (E/C) in this workers' compensation matter, challenge an award of benefits made by the judge of compensation claims (JCC). In the order, the JCC found the doctrine of res judicata prevented the E/C from raising the defense of section 440.09(4), Florida Statutes (2004). We vacate the order and remand for further proceedings.

The record discloses that, in response to...

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