Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Garner v. Clay County District School Board
798 So.2d 821, 26 FLW D2579
Employer/carrier initiated payment of benefits and did
not deny compensability within 120 days of the date of
accident. Approximately a year and a half after the
date of accident, the employer/carrier filed its denial
of benefits based on the fact that an independent
medical examiner determined that the claimant's medical
condition was not related to a compensable accident.
The employer/carrier's failure to deny the claim within
120 days of the date of accident constituted a waiver
of the right to deny compensability pursuant to Section
440.20(4), Florida Statutes. Court determined that
employer/carrier did not make a reasonable
investigation of the compensability of the accident in
the first instance including failing to ask the carrier
authorized treating physician basic questions about the
causal relationship between the claimant's injury and
the accident. In this instance, the failure to deny
compensability within 120 days constituted acceptance
of compensability.
