What Do You Think?
In many states, injured employees have two years to file a petition for benefits. That includes Florida. That state also “tolls” the limitations period for one year as of the date a worker receives authorized medical care. Does that mean the limitations period is merely extended for a year from the date of injury? Or does the two-year period not even start until after the last authorized care? A recent Florida appeals court case explains.
The delivery driver in that case was injured on Feb. 9, 2022. The last paid treatment he received pursuant to his successful claim was on Aug. 2, 2022.
On March 1, 2024, he filed another petition for benefits, requesting treatment from a neurosurgeon. A Judge of Compensation Claims denied the claim on the basis that the petition was untimely, since it was filed more than two years after the injury.
A claimant must file a petition for benefits within two years of the date on which the employee knew or should have known that the injury arose out of work performed in the course and scope of employment. Fla. Statutes Sec. 440.19(1)..
Section 440.19(2) of the worker’s compensation act, however, tolls the two-year period when “[p]ayment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance pursuant to either a notice of injury or a petition for benefits [is made] . . . for 1 year from the date of such payment.”
Was the driver’s claim too late?
A. Yes. As of the time of his last treatment in 2022, he had until August 2025 to request benefits.
B. No. The statute of limitations period expired on Feb. 9, 2024.
If you selected A, you agreed with the court in Leighton v. Kratos Logistics, LLC, No. No. 1D2024-2569 (Fla. Dist. Ct. App. 05/06/26), which rejected the JCC’s conclusion.
The court explained that section 440.19(2) suspends or temporarily stops the limitation period rather than extending it. That means the two-year period stops running for one year after the claimant receives authorized medical care.
Here, the last provision of authorized medical care occurred on Aug. 2, 2022. That furnishing of care tolled the two-year-limitations clock until one year after receipt of that care. In other words, the two-year-limitations period did not begin to run until August 2023.
“The petition for benefits at issue was filed in March 2024, squarely within that two-year period,” the court said. It reversed the JCC’s dismissal of the case.
