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Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case

Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes by a certified industrial hygienist. The Judge of Compensation Claims (JCC) denied the motion, and the DOC petitioned for a Writ of Certiorari.

On review, the Court of Appeal of Florida, 1st District, found that it was within the JCC's discretion whether or not to hold evidentiary hearings and/or order discovery. Thus, the Court dismissed the DOC's cert. petition. See: Hauser v. Volusia County Dept of Corr., 372 So.2d 987 (2004).

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Related legal case

Hauser v. Volusia County Dept of Corr.