King v. Southeast Personnel Leasing / Lion Insurance Company

HR Law Cases
JCC Pitts (Orlando) (Bill Rogner)(8-5-21) – Denied compensability for untimely reporting. Claimant was pro se at trial but had been previously represented by counsel. Claimant’s apparently otherwise compensable MVA was not timely reported to the PEO. Claimant owned the client company and, accordingly, signed an employee contract with the PEO as well as a client leasing agreement, both of which required any accident to be reported to the PEO within 30 days and expressly indicated that failure to do so would result in the claim being denied. Immediately after the accident, the claimant hired counsel. He was advised that the firm was pursuing the auto claim, but he was not advised that this was also a WC matter. It was not until after the auto claim settled, well beyond 30 days from the accident, that he was advised to pursue a WC claim. He was referred to a WC lawyer in the firm and that lawyer filed a PFB, which was the first notice to the PEO of any accident. While the JCC found the claimant credible, the undisputed facts showed that the accident was not reported within 30 days and was therefore barred.   Click here to view Order