DEWAYNE BROOKES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wintz v. Goodwill & Summit Claims Mgmt., 898 So. 2d 1089 (Fla. 1st DCA 2005)
  …r's and Ameritrust Ins. Corp., 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. 2d 418 (Fla. 1st DCA 2001); Bynum Transport, Inc. v. Snyder, 765 So. 2d 752 (Fla. 1st DCA 2000); Hunt v. Exxon Co. USA, 747 So. 2d 966 (Fla. 1st DCA 1999). . Claimant's attempt to argue t…
• Hutchinson v. Lykes Smithfield Packing & Gallagher Bassett Servs., Inc., 870 So. 2d 144 (Fla. 1st DCA 2004)
  …oyer/Carrier’s failure to satisfy their burden to establish material facts relevant to the compensability issue that could not have been discovered through reasonable investigation within the 120-day period. See Garner v. Clay County Dist. Sch. Bd., 798 So. 2d 821 (Fla. 1st DCA 2001). Hutchinson contends that despite finding a waiver of compensability, the JCC erred in limiting Employer/Carrier’s responsibility to just the temporary aggravation of Hutchinson’s COPD disorder. Hutchinson is correct. See Collin…
• Kestel v. City OF Cocoa & United Self Insured Servs., 840 So. 2d 1141 (Fla. 1st DCA 2003)
  …752, 754 (Fla. 1st DCA 2000). If the E/C commences payment and fails to investigate within the 120 days, or fails to deny compensability within that time period, the injury is deemed compensable. See, e.g., id.; Garner v. Clay County Dist. Sch. Bd., 798 So. 2d 821 (Fla. 1st DCA 2001); Franklin v. Northwest Airlines, 778 So. 2d 418 (Fla. 1st DCA 2001); Hunt v. Exxon Co. USA 747 So. 2d 966 (Fla. 1st DCA 1999). In applying the 120-day rule, we are cognizant that the above cases do not involve the unique facts o…

Authorities Cited

• Green v. State, 792 So. 2d 643 (Fla. 1st DCA 2001)