Opinion
Case No. 1D00-1497
Opinion filed August 6, 2001.
An appeal from an order of the Judge of Compensation Claims. Mark H. Hofstad, Judge.
Joey D. Oquist, Esquire, St. Petersburg and Bill McCabe, Esquire, Longwood, for Appellant.
Kevin G. Malchow, Esquire and Pamela J. Kemp, Esquire of Zimmerman, Shuffield, Kiser Sutcliffe, P.A., Orlando, for Appellees.
REVERSED. See § 440.20(4), Fla. Stat. (Supp. 1994); see also Franklin v. Northwest Airlines, 778 So.2d 418, 422 (Fla. 1st DCA 2001) ("The language in subsection (4) states that a carrier `shall admit or deny compensability within 120 days after the initial provision of compensation or benefits.' The employer/carrier failed to act pursuant to the options permitted under the statute, and they never sent a `120 day letter. . . . Having failed to deny compensability within the time period set forth in the statute, the employer/carrier waived the right and are deemed to have accepted compensability."); Bynum Transp. v. Snyder, 765 So.2d 752, 753-54 (Fla. 1st DCA 2000).
ERVIN, WEBSTER, and BENTON, JJ., CONCUR.