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HARBOR FREIGHT TOOLS, INC. and Safety National Casualty Corp./Corvel, Appellants, v. Patricia WHITEHEAD, Appellee.

District Court of Appeal of Florida, First District2018-05-18No. No. 1D17–3194
244 So. 3d 410

Authorities cited

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Opinion

majority 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] claimants defense of waiver to an [employers] 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.