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FLEMING v. SWISHER INTERN., INC.

No. 1D12-5765.

120 So.3d 160 (2013)

Vickey Tyler-FLEMING, Appellant, v. SWISHER INTERNATIONAL, INC./BROADSPIRE KEMPER INSURANCE GROUP and Fidelity Guarantee Ins. Co., Appellees.

District Court of Appeal of Florida, First District.

August 22, 2013.

Attorney(s) appearing for the Case

Jonathan B. Israel of Harris, Guidi, Rosner, Dunlap & Rudolph, P.A., Jacksonville, for Appellant.

Benford L. Samuels and Kansas R. Gooden of Boyd & Jenerette, P.A., Jacksonville, for Appellees.

MARSTILLER, J.

Vickey Tyler-Fleming ("Claimant") appeals the denial of her November 2010 amended petition for workers' compensation benefits ("PFB") seeking medical treatment for a left knee injury she sustained in a May 2000 workplace accident. She argues the Judge of Compensation Claims ("JCC") should have applied the doctrine of judicial estoppel to prevent the Employer/Carrier ("E/C") from denying compensability. Finding judicial estoppel inapplicable to this...

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