| (1) Except to the extent provided elsewhere in this section, all employee petitions for benefits under this chapter shall be barred unless the employee, or the employee's estate if the employee is deceased, has advised the employer of the injury or death pursuant to s. 440.185(1) and the petition is filed within 2 years after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment.
(2) Payment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance pursuant to either a notice of injury or a petition for benefits shall toll the limitations period set forth above for 1 year from the date of such payment. This tolling period does not apply to the issues of compensability, date of maximum medical improvement, or permanent impairment.
(3) The filing of a petition for benefits does not toll the limitations period set forth in this section unless the petition meets the specificity requirements set forth in s. 440.192.
(4) Notwithstanding the provisions of this section, the failure to file a petition for benefits within the periods prescribed is not a bar to the employee's claim unless the carrier advances the defense of a statute of limitations in its initial response to the petition for benefits. If a claimant contends that an employer or its carrier is estopped from raising a statute of limitations defense and the carrier demonstrates that it has provided notice to the employee in accordance with s. 440.185 and that the employer has posted notice in accordance with s. 440.055, the employee must demonstrate estoppel by clear and convincing evidence.
(5) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the limitations period is tolled while that person has no guardian or other authorized representative, but the period shall begin to run from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before the minor becomes of age, from the date the minor becomes of age.
(6) When recovery is denied to any person in a suit brought at law or in admiralty to recover damages for injury or death on the ground that such person was an employee, that the defendant was an employer within the meaning of this chapter, and that such employer had secured compensation of such employee under this chapter, the limitations period set forth in this section shall begin to run from the date of termination of such suit; however, in such an event, the employer is allowed a credit of his or her actual cost of defending such suit in an amount not to exceed $250, which amount must be deducted from any compensation allowed or awarded to the employee under this chapter.
History.--s. 19, ch. 17481, 1935; CGL 1936 Supp. 5966(19); s. 1, ch. 23908, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 29778, 1955; s. 1, ch. 57-192; s. 1, ch. 65-120; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 23, ch. 78-300; ss. 15, 124, ch. 79-40; ss. 11, 21, ch. 79-312; s. 7, ch. 80-236; s. 7, ch. 83-305; ss. 15, 43, ch. 89-289; ss. 23, 56, ch. 90-201; ss. 21, 52, ch. 91-1; s. 23, ch. 93-415; s. 113, ch. 97-103.
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Relevant Case Law
Note: In these circumstances, wage-loss benefits were not properly denied merely because wage-loss reports were delayed.
Note: Statute of limitations for claim for additional medical treatment begins to run from date of last payment of compensation.
Note: Where compensation or remedial treatment is furnished by employer without an award, claim may be filed within 2 years from date of last payment or last treatment.
Note: Unless there is a clear abuse of discretion, or a departure from the law, the decisions of the deputy commissioner in regards to the bad faith of the carrier will be upheld.
Note: Statute of limitations for filing claim for compensation is 2 years from injury, or if employer paid compensation or furnished remedial treatment without an award, then 2 years from the date of last payment or last treatment.
Note: Claimant's application for hearing for the sole purpose of obtaining deputy commissioner's approval of contract to employ attorney, should not be construed as a claim, as it does not meet the claim requirements under ยง 440.19.
Note: Appellants should not be allowed to use a petition for modification to avoid all consequences of not appearing.
Note: Deputy may not hear and determine issues which are not particularized in claimant's application.
Note: Claim evaluation need not be admitted into evidence, but shall be part of the proceeding and given consideration as determined by Deputy.
Note: For puposes of claiming death benefits, the term "parent" includes any persons who for more than three years prior to the death of the deceased employee stood in the place of a parent to him, and were dependent on the injured employee.
Note: Testimony by a physician at a deposition in which appellants were unable to participate due to inadequate notice should not have been admitted.
Note: If there is an injury after the initial injury which constitutes a repetitive trauma, the SOL begins to run again at the time of the second injury.
Note: When an informed claimant signed an affidavit stating that if he didn't receive medical care for 2 years the statute of limitations will have expired, he is bound by that agreement.
Note: Receipt of medical care from an authorized provider at least once every two years for injuries causally related to the industrial accident tolls the statute of limitations despite the claimant's failure to request the employer and carrier to pay for the care.
Note: Even though employer with less than 4 employees not carrying workers comp insurance must post conspicuous notice, absent proof of estoppel he is not liable.
Note: A petition is timely if filed within two years of the date of accident or, even thereafter, if filed within one year of the last date the petitioner received medical treatment or indemnity benefits.
Note: Where claimant sees an unauthorized physician within 2 years of the E/C's payment of medical bills but more than 2 years after services were perfomed, the claim is still timely.
Note: In determining whether the 2 year statute of limitations has run it is important to know if the claimant had actual knowledge of her rights.
Note: When the E/C has accepted the claimant as PTD within the 14 day period, even after initially denying it, an award of attorneys fees is inappropriate.
Note: Failure to furnish an injured employee the brochure describing benefits to which the employee may be entitled does toll the running of the two-year limitations period, for as long as the employee is unaware of possible entitlement to the benefits, but when actual knowledge exists the statute begins to run.
Note: The 2 year statute of limitations is subject to the reasonable person test.
Note: The two-year statutory period does not begin to run until an employee suffers a disability.
Note: An E/C's affirmative duty to provide benefits to a claimant is different statutorily from any duty to inform a claimant about the statute of limitations.
Note: Where there is CSE that the employer did not know about the employee's continued use of an arm sling, the statute of limitations has not tolled.
Note: Claimant not required to proceed by way of modification when the claim is a new one, unable to have been adjudicated at an earlier date.
Note: transplanted corneal tissue is living tissue harvested from a human donor and is not an artificial substitute.
Note: A claimant is not obligated to obtain further authorization for treatment by an authorized physician within the two year limitations period.
Note: An employer is under a continuing obligation, once it has knowledge of an employee's injury, to place needed benefits in the hands of the injured worker.
Note: The 21 day rule cannot be invoked until a the hearing has taken place and the evidence has been presented.
Note: Where the date of injury is stated incorrectly but the employer was sufficiently aware of the actual date of injury, that may not be used to avoid paying attorneys fees.
Note: 440.20 does not discuss sanctions for an E/Cs failure to timely file a notice of denial.
Note: Death benefits are barred if not filed within 2 years.
Note: After an E/C allows a claimant to seek alternative care, and the claimant disagrees with the care offered, the JCC must decide whether such care is in the claimant's best interest.
Note: The elements of estoppel are not satisfied when workers comp benefits are paid to the claimant voluntarily and no claim was filed.
Note: The two-year bar of the statute of limitations applies unless the employer intended, or the employee reasonably believed that the employer intended, to pay wages in lieu of workers' compensation benefits.
Note: The legislative repeal of the 21-day rule set forth in section 440.34(3)(b) is substantive and so in a case involving a 1990 accident the statute as it existed at the time shall be applied to the claim for attorney's fees.
Note: A Request for Assistance does not function as notice of the commencement of litigation, but is an alternate approach for the claimant to seek resolution without beginning the litigation process and acquiring the need for legal services.
Note: A claimant may recover attorney's fees when the E/C fails or refuses to pay a claim within 21 days.
Note: Payment of accrued sick time is an independent contractual right agreed to by the claimant and the employer as a condition of employment.
Note: A physician may not be deauthorized without either the claimant's prior agreement or approval by the judge of compensation claims.
Note: The fact that the claimant was forced to retain an attorney is not enough to show economic loss.
Note: If there is CSE that the statute of limitations on a claim is elapsed, the order will be affirmed.
Note: When a claimant has not been properly notified of the statute of limitations the E/C is estopped from raising it as a defense.
Note: A metal stitch is not a prosthetic device.
Note: In order for treatment to be considered "furnished by the employer" the employer must have actual knowlege of it.
Note: Care provided on an emergency basis will be paid by the E/C.
Note: The statutory exception for furnishing remedial attention is satisfied if the doctor was authorized by the employer to provide continuing medical supervision and treatment of a permanent medical condition caused by the accident.
Note: Determination of the cause of a non-observable medical condition, such as psychiatric illness, is essentially a medical question and a single medical opinion is sufficient to establish the required causation.
Note: Once an employer or carrier has denied compensability of an injury and failed to make timely payment of benefits, the employer and carrier may be held liable for attorney's fees.
Note: The right to compensation for disability, impairment, or wage loss under this chapter shall be barred unless a claim is filed within 2 years after the time of injury, except that, if payment of compensation has been made or remedial treatment has been furnished by the employer on account of such injury, a claim may be filed within 2 years after the date of the last payment of compensation or after the date of the last remedial treatment furnished by the employer.
Note: The doctrine of res judicate applies to workers comp cases except under a few exceptions governed by 440.28.
Note: There is a two year limitations period, but this time period does not commence until a reasonable person would recognize the nature, seriousness and probable compensable character of his injury or disease.
Note: The requirements of the Workers' Compensation Act and due process of law are met if the record affirmatively demonstrates that the employer received notice of the claim.
Note: When any claim is dismissed pursuant to 440.19(1)(d), the claimant shall be allowed 60 days from the date of the order of dismissal in which to file an amended claim regardless of any other limitation in this chapter.
Note: A claimant may still be entitled to post-MMI palliative treatment for relief of symptoms arising from the compensable injury.
Note: Not all medically recommended care is the type of treatment which will extend the limitations period under section 440.19(1)(a) (like shoe inserts).
Note: When a case is reopened to allow new evidence, not including any explanatory tesimony or evidence along with it is arbitrary and capricious.
Note: When prior authorization does not exist or there is some question as to the employer/carrier's acceptance of responsibility for the particular service, medical care is not reasonably deemed to be "furnished" by the employer under the statute until the employer/carrier accept in some way their obligation, such as by payment of the medical bill.
Note: The only statutory authority for dismissal of a workers' compensation claim is section 440.19(1)(d), which authorizes dismissal of a claim for failure to comply with the procedural requirements contained in that section upon motion of an interested party.
Note: The JCC failed to consider whether the Appellant demonstrated estoppel, which would permit her untimely petition.
Note: It is the employer's obligation to notify the worker of his obligation to claim wage loss.
Note: The running of the statute of limitations does not constitute good cause why a claim should remain pending under Rule 4.110(b).
Note: Reversed and remanded for admittance of evidence relating to previous positions held by the claimant, and the employer's characterization of these jobs at earlier hearings as sheltered employment, as it is pertinent in deciding deciding whether the payment made on March 2nd was actually payment in lieu of compensation.
Note: Limitations period does not begin running upon issuance of ruling letter.
Note: SOL not tolled during the period that an earlier filed petition was pending before it was voluntarily dismissed.
Note: Employer estopped from using SOL as a defense where claimant lacks actual knowledge of limitations.
Note: Order deemed final and appealable where JCC fails to enter ruling on fully tried issue.
Note: Employer's failure to inform claimant of rights precludes employer's statute of limitations defense.
Note: Limitations period revived by provision of palliative treatment.
Note: Case pending at time untimely petition for benefits is filed is not barred by statute of limitations.
Note: An authorized treating provider does not become deauthorized merely because he changes to a different practice.
Note: Statute of limitations should begin running on the date treatment is finished.
Note: The undisposed of 1998 petition for attorney's fees and costs tolled the running of the statute of limitations.
Note: Claimant was given sufficient information as to his rights in connection with the limitations period.
Note: Had the employer taken steps to change the claimant's job functions and eliminated his exposure to the repetitive injury, the statute of limitations would have run from the time the claimant filed his original notice of injury, as that would have been the last date he was exposed to this particular injury.
Note: Claimant had no duty to prove he did not get notice by either competent, substantial evidence or by a preponderance of the evidence; as stated, sections 440.185 and 440.19 place the burden of proving actual notice on E/C for failure to follow these provisions.
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