Cases

Employer/carrier, pursuant to Section 440.20(4), Florida Statutes, paid benefits reserving the right to deny compensability of the claim within 120 days after the initial provision of such benefits. Within the 120-day period, compensability was denied. Claimant questioned the investigation performed by employer/carrier that resulted in the denial of benefits. Court determined that an inquiry in to such investigative steps was not necessary in this case since the carrier had timely controverted the claim. Such investigation is only relevant when the employer/carrier failed to timely controvert the claim and the issue is whether facts supporting a denial of compensability could have been discovered during the 120-day period. Court determined that employer/carrier in this instance was not estopped in denying the compensability of the claim.

In determining whether an accident occurred on the job, the JCC, as a finder of fact, is free to accept or reject any evidence (even claimant’s uncontroverted testimony) that an accident occurred. In this case, JCC determined that there was no compensable accident and rejected the claimant’s uncontradicted testimony that the accident did in fact occur. Order denying benefits affirmed.