STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGE OF COMPENSATION CLAIMS ORLANDO DISTRICT EMPLOYEE: David Negron 4519 Cove Dr., Apt. 105 Orlando, FL 32812 EMPLOYER: Hyatt Regency Orlando Intl. Airport 9300 Jeff Fuqua Blvd. Orlando, FL 32827 CARRIER: Gallagher Bassett Services Miramar 2901 S . W 149th Ave Suite .
.
ATTORNEY FOR EMPLOYEE: Unrepresented
ATTORNEY FOR EMPLOYER /CARRIER: Derrick E. Cox, Esquire Hurley, Rogner, Miller, Cox and Waranch, P.A. 1560 Orange Avenue, Suite 500 Winter Park, FL 32789 OJCC CASE NO.: 13- 021930TWS D /A: 9/10/2013 Judge: Thomas W. Sculco
,
200
Miramar, FL
33027
ORDER ON EVIDENTIARY HEARING On November 4,
2015, at 9:15 a.m. Dale Albright, the former
attorney for the claimant and Allison M. Twombly, the attorney for
the employer /carrier appeared for the scheduled motion hearings regarding
the
employer /carrier's
Motion
to
Dismiss
and
the
employer /carrier's Objection to Order on Motion to Withdraw as Attorney of Record and Impress Lien.
These motion hearings were
both properly noticed and scheduled. for November 4, 2015 at 9:15 a.m.
The parties waited unt.-i.1 9:30 a.m. for claimant. However, the
claimant did not appear. The office of the undersigned provided
notice to the claimant of the hearing and sent a notice of the
OJCC Case No, 13- 021930TWS 1 of 3
hearing by mail to the claimant's last known address.
The undersigned first heard the employer/carrier's Motion to Dismiss.
The undersigned finds that the claimant failed to attend
The first was
two properly noticed and scheduled depositions. scheduled for September 3, September 28,
2015 and the second was scheduled for
Copies of the Certificates of Nonappearance
2015.
for both of these depositions are attached as Exhibit #1. Based on a review of the evidence submitted and the claimant's failure to appear at the motion hearing, the undersigned finds that
dismissal
appropriate
all
of
Petitions
outstanding
The claimant's
remedy.
for
Benefits
is
the
former attorney indicated
during the hearing that he has lost contact with the claimant.
As
such, the undersigned finds that the claimant's failure to attend the depositions and the motion hearing was not willful.
'Therefore,
the petitions are dismissed without prejudice.
claimant's
The
former attorney has also agreed to waive entitlement to attorney's fees and costs. Based
on
the
dismissal
of
all outstanding Petitions
for
Benefits, the employer /carrier's objection to Order on Motion to Withdraw as Attorney of Record and Impress Lien was withdrawn.
Upon consideration of said Motion, the undersigned Judge of Compensation Claims finds the facts to be as stated in said Motion. WHEREFORE,
it
is
the Order
of
the
undersigned
Judge
of
Compensation Claims that the employer/carrier's Motion to Dismiss is granted and all outstanding Petitions for Benefits are dismissed
OJCC Case No. 13- 021930TWS 2 of 3
without prejudice.
DONE and ORDERED in Orlando, Orange County, Florida.
"¡keno
¿v' ScitIICa
This 5th day of November, 2015
Thomas W. Sculco Judge of Compensation Claims Division of Administrative Hearings Office of the Judges of Compensation Claims Orlando District Office www.jcc.state.fl.us
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that the Order was entered by the Judge of Compensation Claims. I certify that the Order was electronically served on the attorney(s) of record. Party or parties not represented by counsel shall be served by U.S. Mail- Tallahassee
AkZ,- )/A,:m4 David Negron 4013 Caban Court Orlando, FL 32822
OJCC Case No. 13- 021930TWS 3 of 3
11/05/2015
Assistant to Judge Sculco Orlando District
2 DAVID NEGRON NEGRON vs. HYATT REGENCY ORLANDO
September 03, 2015 1
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS ORLANDO DISTRICT 3
DAVID NEGRON,
OJCC Case No.: 13-021930TWS D /A: 9/10/2013
4
Employee /Claimant, vs. 6
HYATT REGENCY ORLANDO INTL. AIRPORT and GALLAGHER BASSETT SERVICES, Employer /Carrier. 9
CERTIFICATE OF NONAPPEARANCE
10 11
STATE OF FLORIDA COUNTY OF ORANGE
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I, CHARITI L. COLON, Court Reporter and Notary Public, State of Florida at Large, do hereby certify that pursuant to Notice of Taking Deposition in the above -styled cause, I appeared at Hurley, Rogner, Miller, Cox and Waranch, P.A., 1560 Orange Avenue, Suite 500, Winter Park, Florida 32789, on Thursday, September 3, 2015, at 2:00 p.m., for the purpose of taking the deposition of DAVID NEGRON. I FURTHER CERTIFY that KRISTHINA VARGAS, ESQUIRE, Attorney for the Employee /Claimant; DERRICK E. COX, ESQUIRE, Attorney for the Employer /Carrier; and SANDRA GARCIA, Interpreter, were also present and that DAVID NEGRON did not appear for the taking of the deposition. I FURTHER CERTIFY that I am neither of counsel nor related to any of the parties of this suit nor interested in the outcome of the case. Under penalties of perjury, I declare that I have read the foregoing certificate and that the facts stated in it are true.
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CDS
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CHARITI L. COLÓN
ESQUIRE
EXHIBIT
I#1
800.211.DEPO (3376) Esquire Solutions. corn
September 28, 201E
DAVID NEGRON NEGRON vs. HYATT REGENCY
1
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGE OF COMPENSATION CLAIMS ORLANDO DISTRICT OFFICE 9/10/2013
OJCC CASE NO.:
13- 021930TWS
EMPLOYEE:
DAVID NEGRON
EMPLOYER:
HYATT REGENCY ORLANDO INTL. AIRPORT
CARRIER:
GALLAGHER BASSETT SERVICES
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CERTIFICATE OF NONAPPEARANCE 10
I, DAYNA JONES, FPR, the undersigned Stenotype
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Shorthand Reporter and Notary Public, State of Florida,
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do hereby certify that Derrick E. Cox, Esquire and I
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were present at 1560 Orange Avenue, Suite 500, Winter
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Park, Florida, on September 28, 2015 at 9:00 a.m., for
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the purpose of reporting the deposition of DAVID NEGRON,
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scheduled to begin at 9:00 a.m., and the deponent did
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not appear.
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IN WITNESS WHEREOF,
I have hereunto affixed my
signature this 28th day of September, 2015.
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r.cL Torces
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Dayna Jones, FPR, Notary Public State of Florida, My Commission: EE870298, Expires: March 15, 2017
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EXHIBIT
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