SMITH v. CITY OF DAYTONA BEACH POLICE DEPT.

No. 1D13-4409.

143 So.3d 436 (2014)

Leon SMITH, Appellant, v. CITY OF DAYTONA BEACH POLICE DEPT./City of Daytona Beach Risk Management, Appellees.

District Court of Appeal of Florida, First District.

July 16, 2014.


Attorney(s) appearing for the Case

Kelli Biferie Hastings of the Law Office of Kelli Biferie Hastings, PLLC, Orlando, and James Spears of the Law Office of James R. Spears, PLLC, Orlando, for Appellant.

Gregory J. McDole , Daytona Beach, for Appellees.


RAY, J.

In this workers' compensation matter, Claimant, a law enforcement officer, argues that the Judge of Compensation Claims (JCC) erred by applying the doctrines of res judicata and collateral estoppel to bar his claim for benefits based on a new period of disability arising out of treatment of a non-compensable cardiac condition. We find no error in the JCC's application of either, or both, of these preclusion doctrines. We write, however, to explain why we reject...

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