Alejandro Preciado v. Sims Crane & Equipment Company, a West Palm Beach workers compensation case, was submitted to arbitration. An arbitrator was appointed to determine whether the claimed accident of the claimant arose out of the course and scope of their employment. The arbitrator ruled in favor of the E/C, since the claimant did not provide timely notice of their accident.
The claimant responded with a Motion to Vacate, which the E/C objected against. The JCC did look into the matter, discovering that the arbitrator had refused to hear the claimant’s IME’s testimony. The award was vacated, but the JCC refused to mandate a new arbitrator.
Arbitration award VACATED and subject to rehearing; Change of arbitrator DENIED