Therese Savona, Gina Jacobs, and Neil Ambekar of CSK’s Orlando office obtained a favorable reversal of the Judge of Compensation Claims’ finding that the statute of limitations tolled.
The case stems from a 30-year-old work related injury in which CSK’s client, Auto-Owners, denied benefits on the grounds that the statute of limitations expired in 2016. Prior to this, the Claimant continued to receive medical treatment over the years thus the claim remained active until the denial. At trial, the Judge of Compensation Claims (“JCC”) ruled in favor of the injured worker, finding that the cervical fusion hardware implanted in her spine indefinitely tolled the statute of limitations under the 1989 version of the underlying statute. The JCC also rejected CSK’s due process argument that the injured worker failed to raise the tolling argument until the eve of trial, which is required as a matter of law to preserve the avoidance. The First District Court of Appeal reversed the JCC’s order holding that the JCC erred in denying the Employer/Carrier’s statute of limitations defense. Therefore, the Employer/Carrier will have no further liability for benefits of any kind.
Cole, Scott & Kissane will continue to provide updates and guidance on workers’ compensation issues. Should you have any questions or wish to discuss the attached further, please contact Gina Jacobs (321-972-0063), or Neil Ambekar (321-972-0077).
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