There is always confusion about section 440.20(4), otherwise known as the 120 day rule.  Per that statute, and E/C–if it is uncertain that a claim is compensable–can temporarily pick up the claim and with a good faith investigation determine if there is compensability. 

This way, if the claim is compensable the injured worker does not miss his benefits.  Yet, if there is evidence that the accident did not occur in the course and scope of employment or Claimant is not an employee or Claimant did not report the accident within 30 days, the E/C can still deny as long as it does so within the 120 days.

There is a notice requirement, in that the E/C must tell the Claimant, in writing, that is accepting compensability only for 120 days.  Per the statute if the E/C does not deny the claim within 120 days then it waives its right to deny compensability.

But, does the E/C waive its right to deny the claim for any other reason? (more…)