HARBOR FREIGHT TOOLS, INC. AND SAFETY ETC.
v.
PATRICIA WHITEHEAD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The 120-day rule in workers' compensation is an affirmative defense that must be timely raised and specifically pleaded.
[1] The 120-day rule in workers' compensation is an affirmative defense that must be timely raised and specifically pleaded in order for a compensation judge to apply it.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“affirmative pleading which must be timely raised and specifically plead[ed]”
Court stated this as the standard for the 120-day rule, citing Teco Energy, Inc. v. Williams, 234 So. 3d 816, 823 (Fla. 1st DCA 2017)
Harbor Freight Tools and Safety appealed a workers' compensation judge's award of benefits to claimant Patricia Whitehead. The claimant did not specif…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Right To Deny Compensability cases and more on FLexlaw
affirmative pleading which must be timely raised and specifically plead[ed].” Teco Energy, Inc. v. Williams, 234 So. 3d 816, 823 (Fla. 1st DCA 2017). Here the claimant did not specifically plead application of the 120-day rule. The judge of compensation claims therefore erred in awarding benefits based on the rule.
REVERSED.
LEWIS, KELSEY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Daniel M. Schwarz and Gina M. Jacobs of Cole, Scott & Kissane, P.A., Plantation, for Appellants. Daniel J. Glary, Jacksonville, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Boyce E. Glosson, 462 So. 2d 1082 (Fla. 1985)
- Teco Energy, Inc. v. Williams, 234 So. 3d 816 (Fla. 1st DCA 2017)
- Junior Robinson v. State, 368 So. 2d 638 (Fla. 2d DCA 1979)
- Sierra v. Metro. Protective Servs. & Guar. Ins., 188 So. 3d 863 (Fla. 1st DCA 2015)
- Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA 1985)