Case Law Update May 2026
As of 5-8-26
Leighton v. Kratos Logistics, LLC/Ascendant Claims Svcs, (Fla. 1st DCA 5/6/2026)
Statute of Limitations The DCA reversed the JCC’s finding that the claimant’s PFB was time-barred. The claimant’s DOA was 2/9/22. The final indemnity payment was 6/29/22 and the last visit with an authorized doctor was 8/1/22. However, that bill was paid on 5/9/23. F.S. s. 440.19(2) states that the two-year period is tolled when “…[p]ayment 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 [is made] . . . for one year from the date of such payment.” The JCC found the 5/9/23 payment was not “furnishing of treatment.” The DCA analyzed the recent Estes v. Palm Beach County School Dist. case. They held that Estes controlled, and they did not need to decide whether the 5/9/23 “date of last payment” of medical treatment acted to toll the statute in this case. Pursuant to Estes, the last date of treatment in 8/22 tolled the SOL clock for a year thereafter, and the 3/24 PFB was timely. Click here to view Opinion