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Chittick v. Eastern Air Lines, Inc.
Accord, International Brotherhood of Electrical Workers, Local 349 v. Albury, 299 So.2d 581 (Fla.1974), and Howard Johnson, Inc. of Florida v. Escobedo, 299 So.2d 582 (Fla.1974), reaffirming Harbin, supra, provided the claimant is afforded procedural due process rights such as notice and a hearing prior to the dismissal of a claim.
Retrieving the full opinion text from the archive…
HOWARD JOHNSON, INC. OF FLORIDA
v.
Angela ESCOBEDO
v.
Angela ESCOBEDO
No. 44584.
Supreme Court of Florida.
Apr 17, 1974.
Summers Warden, Coral Gables, for petitioners., Alfred D. Bieley, Miami, for respondents.
Boyd, Ervin, Hendry, McCain, Roberts.
Cited by 1 opinion | Published
McCAIN, Justice.
This case arises under a fact situation similar to International Brotherhood of Electrical Workers, Local 349 v. Albury, Fla., 299 So.2d 581, presenting this same issue for determination by this Court: i. e. whether the JIC has authority to dismiss a claim for failure to comply with an order requiring the claimant to report for a physical re-examination.
[*583] We held in Albury that the JIC does have that authority under our earlier pronouncement in John Gaul Construction Company v. Harbin, 247 So.2d 33 (Fla. 1971) and for that reason we reverse the decision of the IRC in this cause and remand for reinstatement of the order of the JIC.
It is so ordered.
ROBERTS, Acting C. J., ERVIN and BOYD, JJ., and HENDRY, District Court Judge, concur.