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Miami Dade County School Board v Russ

This May 29, 2012 1DCA decision reverses Judge Hill's JCC decision.

The claimant filed a PFB and the JCC determined that the “initial response” was the November 9 documents prepared by the EC (notice of appearance, request for production, letter of representation, notice of deposition, and letter to the mediator) the JCC concluded that because the E/C did not assert an SOL defense, the E/C had waived that defense.

The E/C argued that its initial response to the Petition for Benefits was filed on November 10, 2009.

Based on the case of Certain v. Big Johnson Concrete Pumping, Inc., 34 So. 3d 149 (Fla. 1st DCA 2010), the 1DCA ruled that that the “initial response” has to explicitly state a position either denying or conceding the particular claims therein.
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