Cases

In settlement proceedings, JCC denied side stipulation for the payment of fees by the employer/carrier in excess of those fees obtained as a part of the settlement.  JCC denied side stipulation since there was no evidence to support the fact that claimed benefits in support of the side stipulation had been denied by the employer/carrier and not timely responded to when a petition was filed.  Accordingly, record evidence did support the stipulation concerning the side fee.  In a footnote to this case, the court noted that the appropriate procedure for a JCC to take judicial notice of his/her file is as set out in Sections 90.202 and 90.204, Florida Statutes. A JCC make take judicial notice of specific record on his "docket" after giving the parties advance notice of the intention to do so and a reasonable opportunity to object.