Public Storage v. Galano (894 So. 2d 287, 2005)

PER CURIAM.

In this case, the trial court correctly found that appellants failed to deny com-pensability of appellee’s workplace injury within 120 days “after the initial provision of benefits.” § 440.20(4), Fla. Stat. (2002). Accordingly, appellants waived the right to deny compensability. See Hutchinson v. Lykes Smithfield Packing, 870 So.2d 144 (Fla. 1st DCA 2004). Where the employer/carrier seeks relief from the harshness of the 120-day “pay and investigate” provision, the burden is on the employer/carrier to demonstrate “material facts relevant to the issue of compensability that it could not have discovered through reasonable investigation within the 120-day period.” § 440.20(4), Fla. Stat. (2002). Neither in the pretrial stipulation, nor elsewhere, did appellants assert entitlement to relief from the 120-day rule, nor would competent substantial evidence in this record support such relief.

AFFIRMED.

WOLF, C.J., KAHN, and POLSTON, JJ., Concur.