09-6191 THOMAS MCLEAN, v. MCLANE GROCERY DIST., and SEDGWICK CMS

State: Florida

Court: Florida First District Court

Docket No: 09-6191

Case Date: 07/20/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THOMAS MCLEAN, Appellant, v. MCLANE GROCERY DIST., and SEDGWICK CMS, Appellees. _____________________________/ Opinion filed July 20, 2010. An appeal from an order of the Judge of Compensation Claims. Thomas W. Sculco, Judge. Date of Accident: January 5, 1996. Roland P. Tan, Jr., Orlando, for Appellant. Michael S. Waranch of Hurley, Rogner, Miller, Cox, & Waranch & Westcott, P.A., Winter Park, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-6191

PER CURIAM. Thomas McLean, Claimant, appeals an order of the Judge of Compensation Claims (JCC) finding that the parties entered into a valid and binding settlement agreement of Claimant's January 5, 1996, workers' compensation case. Because the settlement papers provided that "[t]his agreement shall have no force and effect

and shall be fully voidable by either party until such time that the [JCC] enters the aforementioned Order," and it is undisputed that the "aforementioned Order" (an order approving the attorney's fee and child support arrearage allocation) had not been entered at the time Claimant rejected the settlement, the JCC erred in finding the parties had reached a settlement. See Caceres v. Sedano's Supermarkets, 35 Fla. L. Weekly D1279 (Fla. 1st DCA June 9, 2010); Jones v. Miami-Dade Cmty. Coll., 933 So. 2d 1221 (Fla. 1st DCA 2006). REVERSED. BENTON, VAN NORTWICK, and WETHERELL, JJ., CONCUR.

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