FRANKLIN v. RIVIERA BEACH FIRE RESCUE

No. 1D13-2765.

132 So.3d 1219 (2014)

Ralph K. FRANKLIN, Jr., Appellant, v. RIVIERA BEACH FIRE RESCUE and Gallagher Bassett Services, Appellees.

District Court of Appeal of Florida, First District.

February 26, 2014.


Attorney(s) appearing for the Case

Michael H. Stauder of the Stauder Law Group, Jupiter, for Appellant.

Christine M. Tomasello of Pallo, Marks, Hernandez, Gechijian & DeMay, P.A., Palm Beach Gardens, for Appellees.


LEWIS, C.J.

In this workers' compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred when he denied Claimant's claim for upgraded hearing aids. Because the employer/servicing agent (E/SA) agreed to provide the upgraded hearing aids — and only challenged the specific model requested by Claimant — we hold that the JCC abused his discretion when he denied the claim in its entirety based on insufficient evidence to establish...

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