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Court Clarifies Deadline to Rescind Denial of Claim

Tuesday, February 18, 2020 | 203 | 0 | 21 min read

A Florida appellate court ruled that a carrier has 30 calendar days from its receipt of a petition of benefits to rescind a denial of the claim to avoid liability for an award to an injured worker. Case: Zenith Insurance Co. v. Cruz, No. 1D19-1141, 02/12/2020, published. Facts and procedural history: Jenny Cruz filed a petition for benefits through the Office of Judges of Compensation Claims’ electronic filing portal after 5 p.m. on Aug. 22, 2018. Her employer’s workers’ compensation insurance carrier acknowledged receipt of the petition that night. On Aug. 29, 2018, the c...

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