Willis v. Publix Super Markets, Inc., 1D03-727.
| Decision Date | 30 March 2004 |
| Docket Number | No. 1D03-727.,1D03-727. |
| Citation | 871 So.2d 941 |
| Parties | Bobby WILLIS, Appellant, v. PUBLIX SUPER MARKETS, INC., and Publix Risk Management, Appellees. |
| Court | Florida District Court of Appeals |
Mark G. Capron, Esquire, of Smith, Feddeler, Smith & Miles, P. A., Lakeland; Susan W. Fox, Esquire, and Brendan M. Lee, Esquire, of MacFarlane Ferguson & McMullen, Tampa, for Appellant.
Curt Harbsmeier, Esquire, of Harbsmeier, Dezayas, Appel & Harden, LLP, Lakeland, for Appellees.
The claimant, Bobby Willis, appeals the judge of compensation claims's ("JCC") order and argues that the JCC erred by (i) finding that the employer/carrier ("E/C") complied with the 120-day "pay and investigate" rule of section 440.20(4), Florida Statutes (2001), and (ii) allowing the "updated IME" of a psychiatrist into evidence. We affirm the JCC's evidentiary ruling on the updated IME without further comment. The JCC's 120-day ruling is reversed.
The claimant, employed by Publix Supermarkets, Inc., as a meat cutter, alleged work-related neck pain, back pain, and carpal tunnel syndrome from a March 17, 2001 accident under a repetitive trauma theory. The E/C accepted compensability for the carpal tunnel syndrome but denied the claimant's petition for medical indemnity benefits for his neck and back pain.
The claimant initially sought medical treatment under his group health insurance and was treated by several doctors who diagnosed him with work-related problems. The claimant received surgery on June 25, 2001, for carpel tunnel syndrome. Also on June 25, 2001, the claimant initiated a petition for workers' compensation benefits for his neck and back conditions. Publix decided to pay and investigate pursuant to the 120-day provision contained in section 440.20(4), Fla. Stat. (2001).
An independent medical evaluation ("IME") was conducted on October 25, 2001, 123 days after the claimant first notified Publix that he was filing a petition for benefits. The IME physician opined that the claimant had osteoarthritis and that his neck and back conditions were pre-existing, not work-related. Based on this recommendation, the E/C denied compensability on November 1, 2001, 130 days after the claimant first sought workers' compensation benefits for his neck and back conditions. The JCC found that the E/C's denial of the neck and back conditions was within 120 days of the claimant's petition for benefits. The JCC also found that a four-day...
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...and just prior to the merits hearing, Claimant asked the JCC to amend the accident date to January 2003. 2. Willis v. Publix Super Markets, Inc., 871 So.2d 941 (Fla. 1st DCA 2004); Singletary v. Yoder's and Ameritrust Ins. Corp., 871 So.2d 289 (Fla. 1st DCA 2004); Hutchinson v. Lykes Smithf......
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