Final Evidentiary Order 10-002758MJR Brian Reitsma vs Southern Wine

• Judge: Geraldine B. Hogan
• Date: 9/4/2008
• Decision Date: 09 February 9011
• Case Number: 10-002758GBH
• Parties: Brian Reitsma vs Southern Wine

ORDER ON MOTION TO AMEND PETITION FOR BENEFITS

OJCC Case No. 10-002758GBH

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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

FT. LAUDERDALE DISTRICT OFFICE

Brian Reitsma,

Employee/Claimant,

vs.

Southern Wine and Spirits of America,

Employer,

and

Liberty Mutual Insurance Company,

Carrier/Servicing Agent.

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OJCC Case No. 10-002758GBH

Accident date: 9/4/2008

Judge: Geraldine B. Hogan

ORDER ON MOTION TO AMEND PETITION FOR BENEFITS

This matter came before the undersigned Judge of Compensation Claims on February 7, 2011 on the

Claimant’s Motion to Amend Petition for Benefits to Correct Carrier and Claimant’s Address. The

Motion was filed on September 3, 2010.

I. Procedural History

1. Claimant filed his initial petition for benefits (PFB) on February 4, 2010, which he

voluntarily dismissed. This initial PFB incorrectly listed Hartford as the carrier.

2. On September 3, 2010 Claimant filed a PFB with DOAH and a Motion to Amend Petition

for Benefits to Correct Carrier and Claimant’s Address. Pursuant to the Motion the initial

PFB filed on February 4, 2010 listed Hartford Fire Insurance as the carrier. The Motion

further noted that the correct carrier for the 9/4/08 date of accident was Liberty Mutual Ins.

Company. Additionally, Claimant’s counsel asserted that when he attempted to file an

Amended Petition for Benefits on September 3, 2010, he was unable to change the name of

the carrier from Hartford Fire Ins. Co. to Liberty Mutual.

3. In response to the September 3, 2010 Motion to Amend PFB the Carrier objected to