Travelers Ins. Co. v. Collins
Citation | 825 So.2d 451 |
Decision Date | 26 July 2002 |
Docket Number | No. 1D01-1879.,1D01-1879. |
Parties | TRAVELERS INSURANCE COMPANY and The Minute Maid Company, Appellants, v. William B. COLLINS, Appellee. |
Court | Court of Appeal of Florida (US) |
John E. McCain, III and David K. Beach of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellants.
Dennis J. Hunter, Orlando, for Appellee.
The Minute Maid Company and Travelers Insurance Company, the employer and insurance carrier, challenge an order granting medical benefits for a lower back condition to William B. Collins, appellee and the claimant below. Appellants argue that the judge of compensation claims (JCC) erred in finding that appellants were estopped from denying the compensability of the claim because they did not deny it within 120 days of commencing payment thereon. Because competent and substantial evidence supports the JCC's findings, we affirm.
Claimant had a workplace accident on January 9, 1996, when he was struck by a pallet being moved by a forklift. Claimant received authorized treatment for the injury sustained to his right foot as a result of the accident, and, thereafter, a physician was authorized to treat the lower back pain the claimant was suffering. After initially providing treatment for claimant's lower back, appellants later denied the compensability of the lower back condition. Claimant therefore petitioned for additional lower back treatment
The JCC found that the workplace accident was not the major contributing cause of claimant's lower back condition and, thus, the claim was found not to be compensable. Nevertheless, the JCC found that the employer and carrier waived the right to deny compensability of the lower back condition because they failed to deny compensation within 120 days after commencing payment of compensation as required by section 440.20(4), Florida Statutes (1995).
Section 440.20 provides in part:
(4) If the carrier is uncertain of its obligation to provide benefits or compensation, it may initiate payment without prejudice and without admitting liability. The carrier shall immediately and in good faith commence investigation of the employee's entitlement to benefits under this chapter and shall admit or deny compensability within 120 days after the initial provision of compensation or benefits. Upon commencement of payment, the carrier shall provide written notice to the employee that it has elected to pay all or part of the claim pending further investigation, and that it will advise the employee of claim acceptance or denial within 120 days. A carrier that fails to deny compensability within 120 days after the initial provision of benefits or...
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