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JCC Denied Claimant's Due Process Rights

Monday, January 12, 2009 | 0

A judge of compensation claims violated a claimant's due process rights by allowing the defendant to litigate issues that were not included in pre-trial documentation while denying the claimant's rebuttal because it was also not mentioned in pretrial documents, an appellate court ruled.Case: Vargas v. Liberty Mutual Insurance Co., et al., No. 1D08-2112, 1/9/09, publishedFacts:Jesus Vargas, an employee of Chamsy Transfer Inc., suffered a compensable injury in March 2002, which consisted of disc herniations in his middle and lower spine that caused pain on his left side.He received treat...

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