Elias v. YRC Freight-Miami and YRC Worldwide / Sedgwick CMS

JCC Medina-Shore (Miami)(Scott B. Miller)(6.22.2020) – Denied compensability based on running of SOL.  The JCC found Claimant’s PFB was not filed until more than two years after the expiration of the SOL. Factors taken into consideration of expiration of the SOL included notice of the SOL via informational brochure, last payment of indemnity benefits, and last medical benefit paid.  Claimant alleged the E/C were estopped from asserting the SOL under multiple theories.  First, Claimant argued that an administrative order had reserved jurisdiction on attorney fees.  The JCC found that despite the administrative order, Claimant had previously voluntarily dismissed all claims.  Second, Claimant alleged E/C failed to authorize medical treatment for all injured body parts. Third, Claimant claimed failure to pay indemnity and underpayments during certain periods. The JCC rejected these arguments.  
Click here to review order