Citrus County School Board v. Carlucci
Citrus County School Board v. Carlucci
Opinion of the Court
The Judge of Compensation Claims applied the 120-day pay and investigate provision of section 440.20(4), Florida Statutes, to the claimant’s entitlement to further benefits under section 440.09(l)(b), Florida Statutes. This was error. See Checkers Rest v. Wiethoff, 925 So.2d 348, 351 (Fla. 1st DCA 2006) (“[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 of the claimant’s need for further treatment or surgery. Indeed, the JCC found that
Here, the JCC properly found the industrial accident was not the major contributing cause of Claimant’s need for further treatment. Instead, the facts credited by the JCC show that such treatment was attributable to a pre-existing condition.
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.