Travelers Ins. Co. v. Collins

Citation825 So.2d 451
Decision Date26 July 2002
Docket NumberNo. 1D01-1879.,1D01-1879.
PartiesTRAVELERS INSURANCE COMPANY and The Minute Maid Company, Appellants, v. William B. COLLINS, Appellee.
CourtCourt 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.

VAN NORTWICK, J.

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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6 cases
  • Wintz v. Goodwill, 1D04-3127.
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 2005
    ...871 So.2d 289 (Fla. 1st DCA 2004); Hutchinson v. Lykes Smithfield Packing, 870 So.2d 144 (Fla. 1st DCA 2004); Travelers Ins. Co. v. Collins, 825 So.2d 451 (Fla. 1st DCA 2002); Garner v. Clay County Dist. School Bd., 798 So.2d 821 (Fla. 1st DCA 2001); Franklin v. Northwest Airlines, 778 So.2......
  • BLICE v. State, 5D01-2718.
    • United States
    • Court of Appeal of Florida (US)
    • July 26, 2002
  • Checkers Restaurant v. Wiethoff, 1D04-193.
    • United States
    • Court of Appeal of Florida (US)
    • February 16, 2006
    ...compensability does not necessarily establish an entitlement to benefits. Since Wuelling, however, cases such as Travelers Ins. Co. v. Collins, 825 So.2d 451 (Fla. 1st DCA 2002), and Hutchinson v. Lykes Smithfield Packing, 870 So.2d 144 (Fla. 1st DCA 2004), have at times blurred the distinc......
  • Hutchinson v. Lykes Smithfield Packing, 1D02-2622.
    • United States
    • Court of Appeal of Florida (US)
    • January 8, 2004
    ...reverse the final order, insofar as it limits the waiver of compensability, and remand for further proceedings. Travelers Ins. Co. v. Collins, 825 So.2d 451 (Fla. 1st DCA 2002); Franklin v. Northwest Airlines, 778 So.2d 418 (Fla. 1st DCA In July 1967, Hutchinson commenced working for Employ......
  • Request a trial to view additional results

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