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Case Name Gassner v. Bechtel Construction
Date 11/13/1997
Note To the extent a collective bargaining agreement's intent to displace the jurisdiction of judges of compensation claims entirely falls short in some particular, the result may be an alternative dispute resolution system that supplements, modifies or replaces only a portion of the provisions of chapter 440 that would otherwise be applicable.
Citation 96-2006
WCC Citation WCC 8591997 FL
/13/97 Joseph H. Gassner, Appel v. Bechtel Construction And THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA CASE NO. : 96-2006 Opinion filed November 10, 1997. JOSEPH H. GASSNER, APPELLANT v. BECHTEL CONSTRUCTION AND INDUSTRIAL INDEMNITY, APPELLEES. Having accepted as compensable the industrial accident that befell Joseph Gassner on March 10, 1995, Bechtel Construction, Inc. (Bechtel), his employer, and Industrial Indemnity, its workers' compensation insurance carrier, moved to dismiss the petition for benefits Mr. Gassner had filed with the Division of Workers' Compensation of the Department of Labor and Employment Security, which was then pending before a judge of compensation claims. c) The Ombudsman will be a BCC [Bechtel] employee selected and paid by BCC. Mr. Gassner argues that the collective bargaining agreement between Bechtel and the pipefitters' union diminishes benefits chapter 440 confers on injured workers because: .

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