08-5500/08-5502/08-5805 ELAINE SANTANE, v. AMERICAN AIRLINES AND SPECIALTY RISK SERVICES

State: Florida

Court: Florida First District Court

Docket No: 08-5500/08-5502/08-5805

Case Date: 07/08/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ELAINE SANTANA, Appellant, v. AMERICAN AIRLINES AND SPECIALTY RISK SERVICES, Appellees.

CASE NOs. 1D08-5500/1D08-5502/ 1D08-5805

_____________________________/ Opinion filed July 8, 2009. A consolidated appeal from orders of the Judge of Compensation Claims. Gerardo C. Castiello, Judge. Dates of Accidents: December 11, 1998; January 21, 2005, April 13, 2005. Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, and Richard E. Zaldivar, Miami, for Appellant. Ara A. Gechijian and Stephen A. Smith of Pallo, Marks, Hernandez, Gechijian & DeMay, P.A., Palm Beach Gardens, for Appellees.

PER CURIAM. Claimant asserts the Judge of Compensation Claims (JCC) erred by ordering her to execute and submit completed settlement documents. The parties in a workers' compensation case may reach "a valid, binding oral settlement," but the

record must contain some evidence of the terms of the agreement. See Bonagura v. Home Depot, 991 So.2d 902, 904 (Fla. 1st DCA 2008). Here, the JCC based his orders granting Appellees' motion to enforce settlement entirely upon an unsworn motion filed by the Employer/Carrier. This does not constitute competent

substantial evidence. See O'Connor v. Hillsborough County Sec. Svcs./Cambridge Integrated Servs. GRP Employer, 954 So. 2d 649, 653 (Fla. 1st DCA 2007); Hale v. Shear Express, Inc., 946 So. 2d 94, 96 (Fla. 1st DCA 2006). Accordingly, the JCC's orders are REVERSED, and the matter is REMANDED to the JCC for further proceedings. See Bonagura, 991 So. 2d at 905. BARFIELD, PADOVANO, and LEWIS, JJ., CONCUR.

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