| JCC Anthony (Tampa)(Andy Borah)(8-20-21) – Denied return visit with authorized provider based upon SOL. Claimant suffered an injury to his right foot which required the implantation of plates and screws. The hardware was eventually removed and replaced with new material. The claimant continued to have custom orthotics and testified that he wore them all the time. The E/C raised a statute of limitations defense and the claimant raised estoppel, asserting that the E/C owed penalties and interest on untimely benefits, the information packet was not sent to the claimant and the claimant continues using orthotics. The claimant testified he never received any information or brochure from the carrier advising him about his rights and obligations under Florida workers’ compensation law. However, he admitted to receiving his indemnity checks from the carrier at the same address where the brochure would have been sent. The claims supervisor testified that there is nothing in the file that indicates the informational package and documents were returned to the carrier as undeliverable. Dr. Era testified he last saw the claimant on May 18, 2018, at which time he placed him at MMI with no impairment rating or restrictions. He testified the claimant was not wearing his orthotics at that visit as he was wearing flip flops. There was no evidence presented that the employer had any actual knowledge of the use of orthotics at any time after May 2018 or that the employer was aware that the use of orthotics by the Claimant was to be for the rest of his life. Dr. Era also testified that the bones would consolidate in six to eight weeks after surgery and would then completely calcify and consolidate in a year. At that point, the screws or hardware would no longer be considered a prosthetic device. The JCC held that whether the Claimant is owed penalties or interest has no bearing in this case as it would not act to prevent the carrier from raising the statute of limitations as a defense. Click here to view Order |