CHECKERS RESTAURANT v. WIETHOFF

No. 1D04-193.

925 So.2d 348 (2006)

CHECKERS RESTAURANT and Specialty Risk Services, Inc., Appellants/Cross-Appellees, v. Cheryl WIETHOFF, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied April 10, 2006.


Attorney(s) appearing for the Case

Rusten C. Hurd of Zimmerman, Kiser & Sutcliffe, P.A., Orlando, for Appellants.

Laurie T. Miles of Smith, Feddeler, Smith & Miles, P.A., Lakeland; Susan W. Fox of Fox & Loquasto, P.A., Tampa; and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellee.

EN BANC


DAVIS, J.

In this workers' compensation appeal, the E/C asserts that the JCC erred by concluding that the E/C, which had not denied compensability within 120 days of initially providing medical care, was estopped from denying the claimant's request for additional treatment including surgery, even though the JCC found that the claimant's preexisting condition was the major contributing cause (MCC) of any need for further treatment or surgery. We agree with the E/C...

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