TAREYAN COOKS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Checkers Rest. & Specialty Risk Servs., Inc. v. Wiethoff, 925 So. 2d 348 (Fla. 1st DCA 2006)
  …KAHN, C. J., concurring in result. I would simply decide this case on its facts by applying the teachings of Bussey v. Wal-Mart Store # 725, 867 So. 2d 542 (Fla. 1st DCA 2004) and North River Ins. Co., v. Wuelling, 683 So. 2d 1090 (Fla. 1st DCA 1996). Accordingly, I concur in the result reached by the majority.…

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• Cole v. Fairfield Communities and Rskco, 908 So. 2d 1105 (Fla. 1st DCA 2005)
  …as well as the compensability of the neck injury. On appeal, the claimant argues that there was not competent substantial evidence to support the judge’s ruling. In making its ruling, the judge relied on this Court’s decision in Bussey v. Wal-Mart, 867 So. 2d 542 (Fla. 1st DCA 2004). In Bussey, we ruled that an employer that failed to respond to a petition for benefits within 120 days did not waive its right to contest entitlement to benefits under the statute, where it was clear from the evidence that the e…
• Begley's Cleaning Serv. & Nationwide Ins. Co. v. Costa, 913 So. 2d 1244 (Fla. 1st DCA 2005)
  …nd argue that the JCC erred in finding them es-topped from denying benefits based on the failure to deny within 120 days, where they never provided any medical or indemnity benefits. Analysis The E/C rely heavily on Bussey v. Wal-Mart Store # 725, 867 So. 2d 542 (Fla. 1st DCA 2004). Costa would distinguish Bussey, asserting that the E/C there did not elect to “pay and investigate.” The parties thus disagree over the effect of the E/C sending a “120-day letter” following [*1246] an injury but not paying any…

Authorities Cited

• Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)