JCC Must Dismiss idle Claims if no good Cause Is Shown for Worker's Failure to Prosecute

The 1st District Court of Appeal ruled that the permissive language of Florida Statutes Section 440.25(4)(i) – which says a judge "may" dismiss a claim for failure to prosecute after 12 months of inactivity – imposes an obligatory duty on the judge to dismiss if there is no "good cause" for the claim to sit idle. Case: Limith v. Lenox on the Lake, No. 1D14-3761, 04/17/2015, published. Facts: Anne Marie Smith got hurt while working for Lenox on the Lake. She filed a petition for benefits in 2011, and she requested an award of attorney fees and costs. A ju...