Legal Opinion

Boyle v. JA Cummings, Inc.

District Court of Appeal of Florida

Decided February 16, 2017No. CASE NO. 1D16-3076PublishedCited by 1 opinion

1Opinion of the CourtB.L. Thomas, J.

In this workers’ compensation case, Appellant challenges an order of the Judge of Compensation Claims (JCC) denying all requested benefits. In five issues on appeal, Appellant challenges the exclusion of evidence and the rejection of his argument based on the “120-day rule,” section 440.20(4), Florida Statutes. Although we affirm without further comment the exclusion of the authorized treating providers’ medical records, we agree with Appellant that exclusion of the adjuster’s deposition was error, and conclude that the error was not harmless, as the evidence affects the 120-day rule…

2Cases cited3 opinions

  1. Frank Special v. West Boca Medical CenterSupreme Court of Florida · 2014
  2. Jackson v. Merit ElectricDistrict Court of Appeal of Florida · 2010
  3. Burgess v. BUCKHEAD BEEF FLORIDADistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Teco Energy, Inc/ Teco Services, Inc. v. Michael K. WilliamsDistrict Court of Appeal of Florida · 2017

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