KESTEL v. CITY OF COCOA

No. 1D02-1476.

840 So.2d 1141 (2003)

Kevin KESTEL, Appellant, v. CITY OF COCOA and United Self Insured Services, Appellees.

District Court of Appeal of Florida, First District.

March 27, 2003.


Attorney(s) appearing for the Case

Paul A. Kelley, Winter Park, and Bill McCabe of Shepard, McCabe & Cooley, Longwood, for Appellant.

Bruce T. McKinley, Cocoa, for Appellees.


ERVIN, J.

This workers' compensation appeal poses the question of whether the 120-day pay-and-investigate provision set forth in section 440.20(4), Florida Statutes (Supp. 1998), applies to a situation in which the claimant has a preexisting compensable injury that is exacerbated or aggravated by work duties. The judge of compensation claims (JCC) concluded that the statutory provision was inapplicable, because claimant...

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