Kestel v. City of Cocoa
District Court of Appeal of Florida
1DissentWolf, J.
The issue is whether a carrier who pays all requested benefits to a claimant in a good faith belief that the benefits are connected to an initial compensable accident is precluded from denying compensability of a second incident by the terms of section 440.20(4), Florida Statutes, when the carrier denies compensability and makes no further payment of benefit after becoming aware that the claimant is asserting that a second separate compensable incident took place. The JCC’s findings determining that no new compensable incident occurred and that the carrier was not precluded from denying the…
2Cases cited2 opinions
- Bynum Transport, Inc. v. SnyderDistrict Court of Appeal of Florida · 2000
- Clements v. Walt Disney World Co.District Court of Appeal of Florida · 2002