Estate of Ronald McKenzie v. Hi Rise Crane, a Miami workers’ compensation case, regarded an amended petition for benefits (PFB). The amended PFB was filed by the deceased employee’s sister, meant to replace the original PFB that included a fraud acknowledgment. The E/C dismissed the claimant’s PFB, stating that the claimant was not officially appointed as the employee’s representative when the original PFB and fraud statement was filed.
The JCC agreed with the employer, not believing the claimant’s testimony that they failed to sign the form before the employee’s death due to time constraints. They aptly dismissed her petition.
The claimant appealed this decision, and the First DCA found that the JCC erred in dismissing the case. According to the Florida Statute, a personal representative can be declared for past appointments. Therefore, the case was reversed and remanded for further proceedings.
Appeal REVERSED/REMANDED