Barbara Patella Ulesky v. State Florida

The claimant in this workers compensation case appeals the final order of the deputy commissioner (dc), which denied him compensation on the grounds that he had failed (1) to provide timely notification to the employer of his injury, (2) to prove by competent, substantial evidence that he had sustained an injury by accident arising out of and in the course of his employment, and (3) to present sufficient evidence excusing his medical care providers failure to submit timely medical bills to the employer. We reverse, finding under the facts of this case, that the claimants untimely notice was excusable, and that the dc incorrectly applied the law in her determination that the claimant did not suffer a compensable injury, and we remand for further proceedings.