TOMASKOVICH v. LAPOINTE

No. 1D04-3318.

904 So.2d 538 (2005)

Anthony TOMASKOVICH, et al., Appellant, v. Andre LAPOINTE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 30, 2005.


Attorney(s) appearing for the Case

H. George Kagan, Esquire, and Theodore J. Berman, Esquire; Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Appellant.

Richard A. Lovesky, Esquire, Bradenton, and Bill McCabe, Esquire, Longwood, for Appellee.


HAWKES, J.

The Employer and Carrier (E/C) appeal the order of the Judge of Compensation Claims (JCC), which found an Independent Medical Examination (IME) qualified as the "initial provision of benefits," triggering the 120-day pay and investigate provisions of section 440.20(4), Florida Statutes (2001). We reverse.

FACTUAL BACKGROUND

In October 2001, Claimant was doing masonry work when the scaffolding he was on broke. He fell six feet landing...

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