Florida Workers' Compensation Judge Finds Carrier's Failure to Provide Informational Packet Defeats SOL Defense

Approximately seven years after the accident, an injured employee who continued to work for the employer sought continued benefits. The injured employee had not received medical care since 2005 and the carrier defended the claim alleging the statute of limitations had expired. The Claimant argued the carrier was estopped from asserting the defense for failure to comply with the statutory requirements requiring notification of his statutory rights. The injured employee testified he had not received the required documentation. The adjuster testified an informational 'packet' had been sent to the claimant. However, the actual documents allegedly sent to claimant were not presented to the court for review and the Judge found he could not determine whether the documents sent to the claimant contained the required information. Consequently, the Judge determined the injured employee was unaware of his rights, the carrier's SOL defense was DENIED and, in light thereof, the benefits were GRANTED.

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Reference Info:Decision | State, 11th Circuit, Florida | United States

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