Case Law Update April 2021
Updated 4-30-21
Deca Mfg. Co./Southern Owners Ins. v. Beckett, ___ So.3d___ (Fla. 1st DCA 4/8/21) Statute of Limitations/Medical Devices The JCC denied the E/C’s SOL defense under the 1989 version of the law which applied to claimant’s date of accident. The claimant ultimately had screws and rods inserted surgically in her cervical spine. The applicable version of the statute contained an exception to the SOL (since removed) which stated: “However, no statute of limitations shall apply to the right for remedial attention relating to the insertion or attachment of a prosthetic device to any part of the body.” Although the DCA found the JCC properly found the screws and rods were a prosthetic device, the DCA reversed as there was insufficient evidence to show the requested benefits (pain management and a replacement mechanical bed) related specifically to the prosthetics. The DCA also found the JCC’s ruling could not be affirmed on other possible grounds (payments made in error potentially tolling the SOL) as that issue was not cross-appealed, or that the applicable version of the statute did not provide for tolling with “continued use” of the prosthetic. A concurring opinion would have affirmed for different reasons. That opinion noted the claimant did not sufficiently plead or prove her reliance upon the prosthetic exemption to the SOL, which led to insufficient evidence at trial. The opinion cites to the 2018 Ring Power v. Murphy case, which found sufficient evidence for the JCC to determine similar spinal pins and screws had ceased to serve a purpose, and thus could not toll the SOL. Click here to view Opinion |
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