| JCC Clark (Ft. Myers) (Jonathan Cooley) (3-19-24) – Denied and dismissed Petition with prejudice based on statute of limitations. The claimant slipped and fell injuring both upper extremities. She treated with primary care, orthopedic surgeon, pain management and a neurosurgeon. The claimant retired from the employer on July 18, 2022, however, she stopped working prior to that date and the last entry on the payout ledger was 7/4/22. The claimant filed a PFB on 9/18/23 for authorization of orthopedic care, authorization of pain management and an appointment with a neurosurgeon. The JCC found the E/C met the prima facie case to establish the viability of their SOL defense as the timely filed DWC-12 stated the benefits were denied by the SOL. The claimant argued that use of wrist braces was enough to toll the statute of limitations under Gore v. Lee County School Board 43 So.3d 846 (Fla. 1 DCA 2010). The JCC found the statute of limitations was not tolled as the PFB was filed outside the parameters of the timeline set forth in F.S. 440.19(2) and since the claimant retired and did not treat from July 2022 forward, the E/C did not have actual knowledge of the use of wrist braces. Therefore, the SOL barred the claims. Click here to view Order |