Florida 1st Rules on Application of 440.20

The First District of the Florida Court of Appeals ruled that the pay and investigate provision is erroneously applied where treatment is attributable to a pre-existing condition. In Citrus County Sch. Bd. v. Carlucci, No. 1D05-2558, 05/03/2006, the judge of compensation claims (JCC) applied the 120 day pay and investigate provision to Eunice Carlucci's entitlement to further benefits. The employer/carrier (E/C) appealed. The Court of Appeals reversed. The court held that the JCC erred in applying the pay and investigate provision where Carlucci's industrial accident was not the major ...