Diaz-Llerena as limited guardian of the person and property of Octavio Llerena v. Spillis, Candela and Partners, Inc.
38 FLW D1709
JCC granted employer/carrier's motion to dismiss petition for benefits determining that benefits claimed had been settled. The claimant admitted that there had been a settlement but argued that the benefits claimed were due under the terms of the agreement and the agreement had not yet released the employer/carrier since the employer/carrier had not satisfied all sums due under the agreement. Court reversed judge's dismissal with prejudice concluding that the JCC should have had an evidentiary hearing and considered the terms of the parties' settlement agreement to determine if the terms of the agreement had in fact released the employer/carrier from liability and whether the employer/carrier had complied with the terms of the agreement.