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Carrier's Failure to Timely Deny Claim Resulted in Forfeiture of Intoxication Defense

By WorkCompCentral

Monday, February 26, 2018 | 1484 | 0 | 26 min read

Florida’s 1st District Court of Appeal ruled that an insurance carrier’s failure to deny a worker’s claim during the 120-day statutory period it had to investigate the compensability of the accident resulted in a waiver of the carrier’s intoxication defense. Case: Paradise v. Neptune Fish Market, No. 1D17-1283, 02/23/2018, published. Facts and procedural history: Edward Paradise worked for the Neptune Fish Market. He fell at work in August 2015 while taking trash to an outside bin. Paradise claimed he had slipped on a piece of fish. A coworker came to Paradise’...

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