Put it in Practice: Monthly Tips for Florida WC Professionals

Frequently, clients contact us with very old cases where a PFB has popped up out of nowhere … and the client feels the SOL must apply, because it has been too long/too much time has passed.  While the SOL defense is certainly a defense to consider, there are multiple scenarios that may operate to ultimately invalidate our SOL defense.

IF YOU WANT THAT CLOSED FILE TO STAY CLOSED, AND IF YOU WANT TO WITHSTAND A CHALLENGE TO CLOSURE  YEARS LATER, THEN MAKE SURE THE ONE-YEAR STATUTE OF LIMITATIONS IS NOT “TOLLED” OR “ESTOPPED” BY THE FOLLOWING:

1. Failure to pay penalties and interest.
2. Failure to dismiss outstanding PFBs or attendant claims/reservations of attorney fees and costs.
3. Failure to pay IIB’s/obtain MMI from last authorized provider.
4. Failure/ no evidence that the carrier placed the claimant on Notice of his or her rights, including the existence of the SOL.
5. Misrepresenting a material fact or misleading the claimant.
6. Furnishing medical care in the past year including the continued use of a brace, DME, prosthetics or pills.
7. Payment of indemnity benefits in the past year.

            In addition to the above items that could toll the one-year Statute of Limitations, claimant is always allowed a minimum of two years from the date of accident, or from the date that the claimant should have discovered the accident, in order to file a Petition for Benefits and make a claim.

If you have any older claims where the claimant has recently resurfaced after a lengthy absence and SOL may be an issue, please contact one of our attorneys to discuss.

This month’s author is Rex Hurley.  Questions?  rhurley@hrlawflorida.com