Harbor Freight Tools, Inc. v. Whitehead

District Court of Appeal of Florida

Harbor Freight Tools, Inc. v. Whitehead

244 So. 3d 410

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 2018

DocketNo. 1D17–3194

StatusPublished

This text of 244 So. 3d 410 (Harbor Freight Tools, Inc. v. Whitehead) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harbor Freight Tools, Inc. v. Whitehead, 244 So. 3d 410 (Fla. Ct. App. 2018).

Pincite

Opinion

Per Curiam.

A judge of compensation claims awarded workers' compensation benefits based on the so-called "120-day rule," which generally precludes carriers from denying compensability if they begin paying benefits and do not challenge compensability within 120 days. See § 440.20(4), Fla. Stat. (2015) ; see also Sierra v. Metropolitan Protective Servs., 188 So.3d 863, 866-67 (Fla. 1st DCA 2015). But "[a] claimant's 'defense' of waiver to an [employer's] ability to deny compensability of an accident or specific injury/condition pursuant to the '120-Day Rule' is an 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.

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Per Curiam.

A judge of compensation claims awarded workers' compensation benefits based on the so-called "120-day rule," which generally precludes carriers from denying compensability if they begin paying benefits and do not challenge compensability within 120 days. See § 440.20(4), Fla. Stat. (2015) ; see also Sierra v. Metropolitan Protective Servs., 188 So.3d 863, 866-67 (Fla. 1st DCA 2015). But "[a] claimant's 'defense' of waiver to an [employer's] ability to deny compensability of an accident or specific injury/condition pursuant to the '120-Day Rule' is an 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.

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Bluebook (online)

244 So. 3d 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harbor-freight-tools-inc-v-whitehead-fladistctapp-2018.

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