Linda Wagner Farrell

This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits. The last benefit, an indemnity benefit, was made on November 13, 2020. Later, the parties resolved fees and costs via a stipulation, which was approved on May 3, 2021, by the judge of compensation claims. 

On December 1, 2021, the claimant filed a petition for benefits. Another petition for benefits was filed on June 6, 2022, when the claimant voluntarily dismissed the December 1, 2021, petition for benefits. The only remaining petition for benefits was filed one year, six months and 25 days after the last payment of medical or indemnity benefits, which was on November 13, 2020.

The employer/carrier asserted a statute of limitations defense under section 440.19(1), Florida Statutes.

The First District Court of Appeal held that the judge of compensation claims erred in presuming that reserving jurisdiction on a pending petition for benefits for attorney’s fees tolls the statute of limitations. Once that issue is resolved, the pending status is effectively extinguished. 

The judge also erred by disregarding the plain language of the statute. “Pending” status of a petition for benefits is an element of jurisdiction, while “tolling” is a separate legal doctrine that delays the time limits for pursuing a claim.

The payment of attorney’s fees and costs is not a “benefit.” To hold same would add another tolling event to the statute outside of the two contained in section 440.19(2), which states: “Payment of any indemnity benefits or the furnishing of remedial treatment, care or attendance.”

The First District Court of Appeal further rejected the judge of compensation’s finding that the December 1, 2021, petition for benefits extended the statute of limitations even though it was filed more than a year after the last provision of indemnity or medical benefits and the dismissal rendered it of no effect. 

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