DANIEL MURPHY
v.
POLK COUNTY BOARD OF COUNTY COMMISSIONERS, AND COMMERCIAL RISK MANAGEMENT

Fla. 1st DCA | 2024-06-05
No. 2023-0638
2024 FL 6479 Florida District Court of Appeal, First District (2024)

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Holding

Section 440.20(4) of the Florida Statutes does not preclude the employer/carrier from challenging the claimant's entitlement to benefits by contending that the injuries from the industrial accident were not the major contributing cause of the claimant's need for further treatment or surgery.


Headnotes

[1] Under Florida Statutes section 440.20(4), an employer or workers' compensation carrier may challenge a claimant's entitlement to benefits by contending that the claimant'…

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Key Quotes

“section 440.20(4) does not preclude the E/C from challenging the claimant's entitlement to benefits, by contending that the injuries resulting from the industrial accident were not the MCC [major contributing cause] of the claimant's need for further treatment or surgery.”

Court's holding citing Checkers Rest. v. Wiethoff

Facts & Procedural History

Daniel Murphy was injured in an industrial accident on July 10, 2015. Murphy appealed a decision by the Office of the Judges of Compensation Claims re…

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Opinion of the Court

June 5, 2024 PER CURIAM.

AFFIRMED. See Checkers Rest. v. Wiethoff, 925 So. 2d 348, 351 (Fla. 1st DCA 2006) (en banc) (“[S]ection 440.20(4) does not preclude the E/C from challenging the claimant’s entitlement to benefits, by contending that the injuries resulting from the industrial accident were not the MCC [major contributing cause] of the claimant’s need for further treatment or surgery.”). B.L. THOMAS, BILBREY, and TANENBAUM, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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