Sanction of Dismissal Too Harsh for Violation of Mediation Confidentiality
In Hill v. Greyhound Lines, Inc., decided on 8/29/2008, the claimant had violated §440.25(3), which provides that "[e]ach party to a mediation conference has a privilege during and after the conference to refuse to disclose and to prevent another from disclosing communications made during the conference whether or not the contested issues are successfully resolved." Specifically, the claimant had revealed to his treating physician information which he obtained from the employer/carrier during a mediation conference, and as a result the JCC dismissed with prejudice his pending petition for benefits. The court held that absent a finding that the claimant willfully or deliberately violated the mediation confidentiality requirements and absent evidence that the employer/carrier was prejudiced by the disclosure, dismissal with prejudice was too harsh a remedy.
