JAMES R. MOORE, APPELLANT,
v.
CTL DISTRIBUTION, INC. AND COMCAR INDUSTRIES, INC., APPELLEES
JAMES R. MOORE, APPELLANT,
CTL DISTRIBUTION, INC. AND COMCAR INDUSTRIES, INC., APPELLEES
790 So. 2d 1215
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
REVERSED. See § 440.20(4), Fla. Stat. (Supp.1994); see also Franklin v. Northwest Airlines, 778 So. 2d 418, 422 (Fla. 1st DCA 2001) (“The language in subsection (4) states that a carrier ‘shall admit or deny compensability within 120 days after the initial provision of compensation or benefits.’ The employer/carrier failed to act pursuant to the options permitted under the statute, and they never sent a ‘120 day letter.’ ... Having failed to deny compensability within the time period set forth in the statute, the employer/carrier waived the right and are deemed to have accepted compensability.”); Bynum Transp. v. Snyder, 765 So. 2d 752, 753-54 (Fla. 1st DCA 2000).
ERVIN, WEBSTER, and BENTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jeffrey's Steel & AIG Claim Servs., Inc. v. Conibear Equip., Inc., 854 So. 2d 268 (Fla. 1st DCA 2003)…a. Stat. (Supp.1994). Under such circumstances, the carrier is required to admit or deny compensability and provide the employee with such notice within 120 days after the initial provision of benefits. See id.; see also Moore v. CTL Distrib., Inc., 790 So. 2d 1215 (Fla. 1st DCA 2001). Here, Steel denied the claim as soon as Claimant formally sought benefits. Finally, section 440.42(3), Florida Statutes, controls the division of liability between carriers for benefits due under Chapter 440. See Forklifts of C…
Authorities Cited
- Bynum Transp., Inc. v. Snyder, 765 So. 2d 752 (Fla. 1st DCA 2000)
- Franklin v. Nw. Airlines & Liberty Mut., 778 So. 2d 418 (Fla. 1st DCA 2001)