Edward Koren v. City of Kissimmee and Preferred Governmental Claim Solutions
The First District affirmed a JCC order denying workers'-compensation psychiatric benefits because the claimant failed to challenge an independent alternative ground (medical necessity) for the denial. A lengthy special concurrence clarified that the section 440.20(4) 120-day pay-and-investigate window is not automatic and must be affirmatively invoked, and that an employer who pays benefits without invoking it accepts compensability while retaining the right to contest entitlement to ongoing treatment.
Key facts
- Edward Koren sustained compensable physical injuries (lip, tooth, knee, foot) when a deck board gave way while he was working for the City of Kissimmee on December 2, 2019.
- After an IME psychiatrist linked an adjustment/PTSD condition to his facial scarring, Koren filed a Petition for Benefits seeking psychiatric care; the City authorized psychiatrist Dr. Cubano and paid his bill without filing a denial or invoking the 120-day pay-and-investigate provision.
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Holdings
- Where a final compensation order rests on more than one independent ground and the initial brief challenges only one, the appellate court must affirm.
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Why it matters
The decision is significant for Florida workers'-compensation practitioners on both sides. The special concurrence dispels the lingering Checkers Restaurant misconception that the 120-day window attaches automatically… — full analysis with a trial
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