CopyCited 3 times | Published | Supreme Court of Florida
...statute of limitations barred Mr. Aris' claim. We hold this was error. Section
440.19(3) suspends the period of limitations until a guardian is appointed to represent an incompetent. The Commission has discretion to direct such an appointment under Section
440.17, Florida Statutes (1973)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 826, 2006 WL 176731
...p proceedings initiated incident to workers' compensation proceedings. It is undisputed that there was a causal relationship between the subject industrial accident and the mental disorder which precipitated the JCC's invocation of the provisions of Section 440.17 and the consequent establishment of a guardianship for the claimant....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Following the hearing the deputy commissioner entered the order appealed from which found that claimant's diseases were not related to any incident of chemical exposure during his employment at Sunset Golf Course, but rather, that Cornelius' problems were of genetic origin. Section 440.17, Florida Statutes (1981), provides that a deputy commissioner may require the appointment by a court of competent jurisdiction of a guardian for any person who is mentally incompetent or a minor....
...by a guardian or by counsel departs from the essential requirements of law. See Aris v. Big Ten Taxi Corp.,
330 So.2d 465 (Fla. 1976). On the facts of the instant case, it was an abuse of discretion to not require the appointment of a guardian under section
440.17....
...See Aris, supra ; Bailey's Auto Service v. Mitchell,
85 So.2d 228 (Fla. 1956). Having found Cornelius to be incompetent, the deputy commissioner should have either required the appointment of a guardian by a court of competent jurisdiction as provided by section
440.17, Florida Statutes, or insured that the incompetent claimant was represented by attorney as was his desire....
...[2] Accordingly, the final order below is REVERSED and this cause REMANDED for proceedings not inconsistent with this opinion. ROBERT P. SMITH, Jr., C.J., and THOMPSON, J., concur. NOTES [1] We are unaware of any authority in a deputy commissioner to appoint a guardian or guardian ad litem. Section 440.17, Florida Statutes (1981), provides that a deputy commissioner "may require the appointment [of a guardian] by a court of competent jurisdiction ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 119674
...The claimant then filed a claim for benefits seeking reimbursement from the E/C for payment of the guardianship fees and attorney's fees relating to the guardianship. Following a hearing, the JCC entered the subject order in which he found that *576 fees requested by the claimant were properly recoverable against the E/C. Section 440.17, Florida Statutes (1989) states in pertinent part: 440.17 Guardian for minor or incompetent....
...In Cornelius v. Sunset Golf Course,
423 So.2d 567 (Fla. 1st DCA 1982), this court found that based on the evidence which clearly revealed the claimant to be mentally incompetent, the JCC abused his discretion in not requiring the appointment of a guardian under Section
440.17....
...pensation cases where the law is liberally construed in favor of the claimant. Id. at 569. The E/C asserts the JCC was without jurisdiction to order the reimbursement of the guardianship fees and attorney's fees related to the guardianship. However, Section 440.17 contemplates that a guardian is responsible to "exercise the powers granted to or perform the duties required" under the Workers' Compensation Act. To adopt the E/C's argument and deny all fees and costs incurred as a result of the guardianship would be in derogation of the purposes of the Act as well as Section 440.17. It is undisputed that there was a causal relationship between the subject industrial accident and the mental disorder which precipitated the JCC's invocation of the provisions of Section 440.17 and the consequent establishment of a guardianship for the claimant....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12976, 1997 WL 716116
PER CURIAM. The judge of compensation claims was without jurisdiction to enter an order appointing claimant’s wife as his guardian, or even to request such an appointment, before the filing of a claim. § 440.17, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 10857, 2003 WL 21663679
...dice. Because the JCC erred in finding that the claim was barred by the statute of limitations and in denying the appellant’s motion for appointment of a personal representative to pursue the claims of the decedent’s minor survivors, we reverse. Section 440.17, Florida Statutes (1997), provides that the JCC may require the appointment by a court of competent jurisdiction of a guardian or other representative....
