# Citrus County School Board v. Carlucci

> District Court of Appeal of Florida · May 3, 2006 · 928 So. 2d 468

URL: https://www.frixlaw.com/law-library/cases/7782111

## Case

- **Full name:** CITRUS COUNTY SCHOOL BOARD and Florida School Board Insurance Trust v. Eunice CARLUCCI
- **Court:** District Court of Appeal of Florida
- **Decided:** May 3, 2006
- **Citations:** 928 So. 2d 468; 2006 Fla. App. LEXIS 6532; 2006 WL 1152660
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Benton, Kahn, Wolf
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7782111

## Opinion text

PER CURIAM.
The Judge of Compensation Claims applied the 120-day pay and investigate provision of section 440.20(4), Florida Statutes, to the claimant’s entitlement to further benefits under section 440.09(l)(b), Florida Statutes. This was error. See Checkers Rest v. Wiethoff, 925 So.2d 348, 351 (Fla. 1st DCA 2006) (“[S]ection 440.20(4) does not preclude the E/C from challenging the claimant’s entitlement to benefits, by contending that the injuries resulting from the industrial accident were not the MCC of the claimant’s need for further treatment or surgery. Indeed, the JCC found that *469 claimant has reached maximum medical improvement with no permanent impairment rating, and that the industrial injuries are no longer the MCC of any continuing need for treatment or surgery. ... Therefore, the claimant is no longer entitled to medical benefits. See § 440.09(l)(b), Fla. Stat.” (emphasis added)).
Here, the JCC properly found the industrial accident was not the major contributing cause of Claimant’s need for further treatment. Instead, the facts credited by the JCC show that such treatment was attributable to a pre-existing condition.
REVERSED.
KAHN, C.J., WOLF and BENTON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7782111. Public record. Not legal advice.