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Posted on 11.04.08 11:01AM under June, 2008, Workers' Compensation
COCA-COLA ENTERPRISES, INC., Appellant,v.AQUILINO J. MONTIEL and KASH N’ KARRY FOOD STORES, INC., Appellees.
Case No. 2D07-4809.
District Court of Appeal of Florida, Second District.Opinion filed May 14, 2008
Coca-Cola Enterprises, Inc. (Coca-Cola), appeals the trial court’s nonfinal order denying a summary judgment motion on its workers’ compensation exclusivity defense. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(v). We reverse.
Aquilino J. Montiel suffered a back injury while unloading Coca-Cola products at a Tampa Kash N’ Karry store. Unquestionably, the injury occurred in the course and scope of Mr. Montiel’s employment. Mr. Montiel’s deposition testimony also establishes that Coca-Cola paid workers’ compensation benefits to him for about twelve weeks.
Mr. Montiel’s injury was work-related. Coca-Cola never contended otherwise. Coca-Cola paid benefits for approximately three months. Indeed, Coca-Cola denied further benefits only when medical evidence indicated that Mr. Montiel’s condition no longer related to his work injury. Had Mr. Montiel thought himself entitled to further benefits, the statute provided a vehicle to seek relief. See § 440.192.
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