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FLORIDA DEPARTMENT OF TRANSPORTATION v. RIPPY

No. 1D10-5781.

67 So.3d 1122 (2011)

FLORIDA DEPARTMENT OF TRANSPORTATION and York Claims Service, Inc., Appellants, v. Donna K. (Ellison) RIPPY, Appellee.

District Court of Appeal of Florida, First District.

July 18, 2011.

Attorney(s) appearing for the Case

Michele E. Ready of Walton, Lantaff, Schroeder & Carson, LLP, Miami, for Appellants.

Bill McCabe , Longwood, and Anthony J. Salzman , Gainesville, for Appellee.

PER CURIAM.

In this workers' compensation case, the Employer/Carrier (E/C) filed a motion seeking to terminate Claimant's entitlement to benefits under chapter 440 on grounds Claimant violated section 440.105(4)(b), Florida Statutes (2006), and thus, pursuant to section 440.09(4)(a), Florida Statutes (2006), she was no longer entitled to any benefits. No petition for benefits was pending when the E/C filed its motion. Because...

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