AIREY v. WAL-MART/SEDGWICK

No. 1D09-2578.

24 So.3d 1264 (2009)

William AIREY, Appellant, v. WAL-MART/SEDGWICK, Appellees.

District Court of Appeal of Florida, First District.

December 31, 2009.


Attorney(s) appearing for the Case

Wilbur W. Anderson of Wilbur W. Anderson, P.A., Jacksonville, and Terry L. Byrd, Jacksonville, for Appellant.

Laurence Leavy of Laurence Leavy & Associates, Fort Lauderdale, and Andrea White, Winter Park, for Appellees.


WEBSTER, J.

In this workers' compensation case, claimant seeks review of a final order dismissing his petition for benefits filed on February 15, 2007, as time-barred pursuant to section 440.19, Florida Statutes (2003). Because we conclude that the judge of compensation claims erred as a matter of law in dismissing the petition as time-barred, we reverse.

The pertinent facts are undisputed. Hence, the issue is one purely of law, subject to de novo review....

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