STEVEN COLLINS v. ESCAMBIA ROOF MASTERS and CNA INSURANCE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEVEN COLLINS, Appellant/Cross-Appellee, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. ESCAMBIA ROOF MASTERS and CNA INSURANCE, CASE NO. 1D04-3536 Appellees/CrossAppellants. _____________________________/ Opinion filed August 19, 2005. An appeal from an order of the Judge of Compensation Claims. David W. Langham, Judge. Woodburn S. Wesley of Woodburn S. Wesley & Assoc., Ft. Walton Beach, for Appellant/Cross-Appellee. Mary L. Wakeman of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellees/Cross-Appellants. PER CURIAM. The claimant is not entitled to recover workers compensation benefits from the employer/carrier because the claimant filed a valid notice of election to be exempt from the provisions of chapter 440, Florida Statutes. See Battle v. Gentry, 898 So. 2d 263 (Fla. 1st DCA 2005); ยง 440.10(1), Fla. Stat. (2002). Therefore, the JCC s ruling is affirmed. AFFIRMED. KAHN, C.J., BARFIELD and DAVIS, JJ., CONCUR. 2

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