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BATISTA v. PUBLIX SUPERMARKETS, INC.

No. 1D07-3140.

993 So.2d 570 (2008)

Jose BATISTA, Appellant, v. PUBLIX SUPERMARKETS, INC. and Specialty Risk Services, Inc, Appellee.

District Court of Appeal of Florida, First District.

October 22, 2008.

Attorney(s) appearing for the Case

William F. Souza of William F. Souza, P.A., North Miami Beach, for Appellant.

Mal Steinberg, of Law Offices of Steinberg & Brown, Fort Lauderdale, for Appellee.

PER CURIAM.

Claimant challenges the Judge of Compensation Claims' (JCC) order on two grounds: (1) whether the JCC erred by determining the Employer/Carrier (E/C) did not waive its statute of limitations defense by failing to assert it at the first hearing on the claim; and (2) whether the JCC lacked jurisdiction to vacate his final compensation order. We reverse as to the first issue and affirm as to the second, for the reasons below.

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