MARIBONA v. SOUTHERN PAN SERVICES, 1D00-2254.

• Decision Date: 01 July 2002
• Docket Number: No. 1D00-2254.,1D00-2254.
• Parties: Evelio MARIBONA, Appellant, v. SOUTHERN PAN SERVICES and Ulico Casualty Company, Appellees.
• Court: Florida District Court of Appeals

825 So.2d 434

Evelio MARIBONA, Appellant, v. SOUTHERN PAN SERVICES and Ulico Casualty Company, Appellees.

No. 1D00-2254.

District Court of Appeal of Florida, First District.

July 1, 2002.

Rehearing Denied August 2, 2002.

Mark J. Feldman of Mark J. Feldman, P.A., Miami, for Appellant.

Steven P. Kronenberg and Lawrence E. Root of Kelley, Kronenberg, Gilmartin, Fichtel & Wander, P.A., Miami Lakes; John H. Lewis, Boca Raton, for Appellees.

Robert A. Sugarman and Marcus Braswell of Sugarman & Susskind, P.A., Coral Gables, for Oversight Committee of the Negotiated Workers' Compensation Insurance Program as Amicus Curiae.

PER CURIAM.

Claimant/employee appeals a final order dismissing his petition for workers' compensation benefits, which was entered on the ground that the judge of compensation claims lacked jurisdiction to consider the claim, because a collective bargaining agreement entered into by the employee's union and the employer had supplanted the provisions of chapter 440, as authorized by section 440.211, Florida Statutes (1995). We affirm all issues raised, noting that some have been addressed by this court's decisions in Ulico Casualty Co. v. Fernandez, 825 So.2d 988 (Fla. 1st DCA 2002), and Ariston v. Allied Building Crafts, 825 So.2d 435 (Fla. 1st DCA 2002), while others are either without merit or the findings challenged are supported by competent, substantial evidence.

AFFIRMED.

ERVIN, BARFIELD and VAN NORTWICK, JJ., concur.