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JAMES R. MOORE, Appellant, v. CTL DISTRIBUTION, INC. and COMCAR INDUSTRIES, INC., Appellees.

PER CURIAM.

REVERSED. See § 440.20(4), Fla. Stat. (Supp. 1994); see also Franklin v. Northwest Airlines, 778 So.2d 418, 422 (Fla. 1st DCA 2001) ("The language in subsection (4) states that a carrier `shall admit or deny compensability within 120 days after the initial provision of compensation or benefits.' The employer/carrier failed to act pursuant to the options permitted under the statute, and they never sent a `120 day letter. . . . Having failed to deny compensability within the time period set forth in the statute, the employer/carrier waived the right and are deemed to have accepted compensability."); Bynum Transp. v. Snyder, 765 So.2d 752, 753-54 (Fla. 1st DCA 2000).

ERVIN, WEBSTER, and BENTON, JJ., CONCUR.

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MOORE v. CTL DISTRIBUTION
(Aug 6, 2001)