HR-Law_Bio_Head_JulieCZobec

Put it in Practice December 2022: Monthly Tips for Florida WC Professionals

Firm News

Defending Statute of Limitations Claims

The Statute of Limitations can be a landmine for employers and carriers in resolving workers’ compensation claims.  What can an adjuster do to safely navigate the field?

Background:  For accidents occurring 1/1/94 and after, F.S. 440.19 says a claim is forever barred unless it’s filed within two years of date of injury, or after the initial two years, within one year of the last payment of compensation or provision of remedial treatment or care.

Pitfalls to winning the SOL defense include:

  • You MUST raise the SOL defense in the first responsive pleading or denial to the PFB.  Miss that, and you’ve missed the boat.
  • Failure to place claimant on notice of their rights;
  • Prosthesis involvement/use;
  • E/C’s failure to pay a benefit that was obviously due;
  • Estoppel/misleading acts by the E/C;
  • Failure to obtain MMI for claimant and pay indemnity impairment benefits (IIBs) (if due);
  • Failure to resolve outstanding attorney’s fee/cost issues
  • Age/mental competency of the claimant

The bottom line:  Each case is factually specific – ask legal counsel for advice.

If you have any questions on this topic , please feel free to reach out to one of us at HR Law and we will guide you through the issues, help you evaluate and plan your defense strategy.  This month’s author is Julie Zobec jbixler@hrlawflorida.com