Kelley Kronenberg Partner Elizabeth Yohe and Practice Partner Nikoleta Barr secured dismissal of two Petitions for Benefits in a workers’ compensation matter before Judge of Compensation Claims John P. Moneyham in the Tampa District Office, eliminating over $325,000.00 in immediate exposure and cancelling a quickly approaching final hearing through a Motion for Summary Final Order. 

The claimant, a 69-year-old delivery driver, alleged injuries to his left hip and lower back as a result of performing maintenance on a work vehicle. He filed two Petitions for Benefits seeking compensability of the accident and claimed injuries, adjustment of his average weekly wage, lost wages, penalties, interest, costs, and attorney’s fees. 

In anticipation of the upcoming trial, our team identified jurisdictional and procedural deficiencies that had come to light through discovery. Specifically, the claimant had failed to properly serve both Petitions on the employer as required by Section 440.192(1) of the Florida Statutes, which mandates service on both the employer and the employer’s carrier. Through a targeted request to produce, the team found that the claimant had no documentation evidencing service on the employer for either petition.  

Judge Moneyham agreed, finding that jurisdiction had never been properly invoked and that any order entered on the claims would likely be void as a result. The Judge granted the Motion for Summary Final Order, dismissed both Petitions without prejudice, and cancelled the final hearing. 

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