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WILLIS v. PUBLIX SUPER MARKETS, INC.

No. 1D03-727.

871 So.2d 941 (2004)

Bobby WILLIS, Appellant, v. PUBLIX SUPER MARKETS, INC., and Publix Risk Management, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 6, 2004.

Attorney(s) appearing for the Case

Mark G. Capron, Esquire, of Smith, Feddeler, Smith & Miles, P. A., Lakeland; Susan W. Fox, Esquire, and Brendan M. Lee, Esquire, of MacFarlane Ferguson & McMullen, Tampa, for Appellant.

Curt Harbsmeier, Esquire, of Harbsmeier, Dezayas, Appel & Harden, LLP, Lakeland, for Appellees.

PER CURIAM.

The claimant, Bobby Willis, appeals the judge of compensation claims's ("JCC") order and argues that the JCC erred by (i) finding that the employer/carrier ("E/C") complied with the 120-day "pay and investigate" rule of section 440.20(4), Florida Statutes (2001), and (ii) allowing the "updated IME" of a psychiatrist into evidence. We affirm the JCC's evidentiary ruling on the updated IME without further comment. The JCC's 120-day ruling is reversed.

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