Judge Can't Use 120-Day Rule to Authorize Surgery if Worker Didn't Raise It in Pleadings

A Florida appellate court overturned a judge’s finding that a worker was entitled to a back surgery based on her employer’s violation of the statutory “120-day rule,” since the she had not raised the rule as a basis for obtaining authorization for the procedure. Case: Harbor Freight Tools v. Whitehead, No. 1D17-3194, 05/18/2018, published. Facts and procedural history: Patricia Whitehead worked for Harbor Freight Tools. In August 2015, she injured her back while lifting a box at work. Harbor Freight’s comp carrier provided Whitehead with medical treatment, but ...