Statute of Limitations Defense in Florida After Estes v. Palm Beach County School District

Florida Workers' Compensation: What the New Statute of Limitations Ruling Means for Employers and Carriers

Florida's First District Court of Appeal recently issued a landmark en banc decision in Estes v. Palm Beach County School District that fundamentally changes how the statute of limitations works in workers' compensation cases — and what that means for employers and carriers is significant. Under the old rule, the deadline to file a claim was straightforward: a claimant had two years from the date of injury, or one year from the last benefit paid, whichever came later. That clean line is gone. The court has now ruled that every benefit payment "freezes" the two-year filing clock, and that frozen time does not begin running again until a full year after the last benefit is provided. In practical terms, this means claimants in long-term injury cases may now have years of additional filing time that employers and carriers never anticipated — and defenses that once seemed airtight may no longer hold up under the new framework.

For employers and carriers, this ruling demands immediate attention to how claims are documented, managed, and defended. The statute of limitations has long been one of the most reliable and efficient tools in the defense arsenal, but its application now requires precise calculation of multiple time periods — including when the first benefit was paid, how many days elapsed before that payment, and exactly how much "master clock" time remains after the last benefit is provided. A misstep in that analysis, or a failure to raise the defense correctly in the first responsive pleading, can result in a waived defense and an open claim. The complexity of this new framework means that experienced, detail-oriented defense counsel is no longer just an advantage — it is a necessity.

Our firm has handled workers' compensation defense on behalf of employers and carriers throughout Florida for years, and we are well-positioned to help clients navigate this new legal landscape. We understand both the technical demands of calculating limitations periods under the Estes framework and the strategic importance of identifying when the defense still applies — including critical exceptions for compensability disputes, MMI, and permanent impairment claims. If you are an employer or carrier looking for defense counsel who stays ahead of developments like this one and knows how to protect your interests from the first notice of injury through final resolution, we welcome the opportunity to speak with you. Contact any of our statewide offices today to discuss how we can support your claims handling needs.

Inaugural CLE at Sea Event

Our firm was honored to participate in the Worker’s Compensation section’s inaugural CLE at Sea event! The event was sponsored by the Florida Bar and the worker’s compensation section, and was attended by Miami Partner Michael Hernandez and Associate Attorney Robert Hamlin. Attorney Hamlin was one of the speakers for the CLE event, conducting an in-depth and enlightening discussion addressing handling of depositions in particular, and doctor depositions specifically.

The event was a big hit, with a great exchange of information amongst attendees, sharing of knowledge, and a great deal of camaraderie between all attendees, including Claimant attorneys, E/C attorneys and mediators. We certainly hope the event becomes a mainstay on the annual event calendar for the section, as it was a great mix of educational information conducted in a relaxing and fun environment which allowed for very open communication.

Jones Hurley & Hand fighting for the Employer/Carrier on a misrepresentation issue

Jones, Hurley & Hand recently had the honor of presenting live oral arguments before the First DCA, and this was done at the recent Florida Worker’s Compensation Forum in Orlando no less. The matter was handled by Partner Humberto Valdes in the firm’s Orlando office, and was quite detailed, dating back a number of years, and relating to a Claimant who the JCC found misrepresented various aspects of his claim, barring further benefits entirely as a result of 440.09(4)(a) and 440.09(4)(a) and 440.105,

Florida Statutes. Section 440.09(4) provides that an employee will be disqualified from all benefits if a judge of compensation claims “determines that the employee has knowingly or intentionally engaged in any of the acts described in s. 440.105… for the purpose of securing workers’ compensation benefits.” Section 440.105(4)(b) provides in relevant part: It shall be unlawful for any person: 1. To knowingly make or cause to be made, any false, fraudulent or misleading oral or written statement for the purpose of obtaining or denying any benefit or payment under this chapter. 2. To present or cause to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefits pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim. 3. To prepare or cause to be prepared any written or oral statement that is intended to be presented to any employer, insurance company, or self-insured program in connection with, or in support of, any claim for the payment or other benefit pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to the such claim. 4. To knowingly assist, conspire with, or urge any person to engage in activity prohibited by this section.

Within that framework, after a thorough analysis of the facts and law, the JCC found that the Claimant in fact did commit misrepresentations regarding his claim, and thereby all benefits were barred moving forward. Claimant has appealed, and the oral arguments dealt with Claimant’s attempts to overrule the JCC’s Order. Associate Kristin Longberry handled the oral arguments before the First DCA, and it will indeed be interesting to see what the First DCA has to say about the matter, perhaps subtly shaping the contours of the never ending E/C battle to combat worker’s compensation fraud.
We have enclosed a link to the oral arguments for ready viewership of this critically important oral argument. https://www.youtube.com/watch?v=NOzVKxd72_8&t=918s

Navigating COVID-19

This is undoubtedly and quickly becoming one of the most uncertain periods faced by society at large as we all work to contain and deal with the COVID-19 virus. As we all work to try and get back normal as a society, we need to remain mindful of our employees and their safety. While there is of course, no litigation to date addressing the Coronavirus in the context of worker’s compensation litigation, it will be critical to ensure any such claims that do inevitably come about are addressed early on, to deal with what can be a highly fact sensitive scenario. In particular, with the emphasis on “social distancing” the differentiation between essential and non-essential employees, and other seldom, if ever before seen scenarios like these, the need to thoroughly realize the shifting risk and handling of such claims is of premier importance.

Our firm remains committed to protecting the rights of our clients more than ever in these challenging times.

Former JCC Condry Joins the Firm!

At JHH, our commitment to excellence encompasses all aspects of what we do, from the manner in which we represent our clients, to the attorneys selected to assist with this valuable work. In that regard, the Firm is excited to announce Former JCC Will Condry has officially joined JHH. Mr. Condry brings a wealth of experience on the bench, having been a JCC for over 16 years and handling hundreds of cases in a judicial capacity. His unique perspective and insight as a former JCC will undoubtedly be of tremendous value to the firm and to our clients as we continually work to cultivate and refine our approach to achieve optimal results.

Another great client event!

JHH recently had the pleasure of hosting an event which has become an annual tradition, where we all get together for a Spring Training baseball game at the Walt Disney World ESPN Wide World of Sports venue.  This fun annual event allows us to spend some fun time with some of our valued clients to thank them for their lasting support of our firm.  

As a firm, we value our relationships with our clients to the utmost, and that reflects in the years, and decades long relationships we have established with some of the largest Employers, Insurance Carriers and Third Party Administrators in the State of Florida.  

We look forward to continuing to enjoy time with our respected clients for many years to come!

The Firm Thanks Founding Partner Mike Jones for his Leadership and Decades of Guidance of the Firm

The firm salutes Founding Partner Mike Jones for his decades of leadership and guidance of the Firm.  As one of the founding partners of the firm, Mr. Jones has, from the inception of this firm led the culture as one of honesty, integrity, compassion and hard work for our clients.  Moreover, Mr. Jones helped to create a rare business where all the employees truly feel valued, and part of a family. This level of trust and dignity has allowed the firm to prosper and grow while at all times maintaining an eye toward what is best for our clients.  

Mr. Jones has announced his retirement from the firm, and with his retirement comes an opportunity for introspection into where the firm came from, where it is, and where it is headed in the future. When a solid foundation is laid, these philosophical questions about what the future holds can be answered with much greater confidence and clarity, and for that, the firm owes its greatest thanks to Mr. Jones, a true gentleman, a scholar, a heckuva football coach, and someone we are all proud to call our friend.  

Mr. Jones will remain in an Of Counsel relationship with the firm, as his wisdom and expertise will surely be called upon by the firm and its members even in retirement.  

Partner Peggy Hewitt co-authors interesting article on the effect of the Trump Presidency on the American Labor & Employment arena

Margaret “Peggy” Hewitt, a partner in the Firm's Orlando office, recently co-authored an intriguing article delving into some of the effects of the current administration on the labor and employment arena.  The article offers detailed insight into some recent rulings and changes in the law during the Trump Administration, which is valuable information for any employer to know.

Ms. Hewitt is available to discuss any employment or worker's compensation litigation matter, through her unique perspective as an experienced advocate for Employer's, Carriers and Third Party Administrators throughout the State of Florida.  

Miami District welcomes two new JCC's!

On January 19, 2018 the Miami District Office of the Judges of Compensation Claims held the Investiture of two new JCC's, the Honorable Walter Havers and the Honorable Jeffrey Jacobs.  It was a wonderful ceremony attended by all of the Miami JCC's, retired JCC Charles M. Hill, the Chair of the Worker's Compensation Section of the Florida Bar Leo Garcia, and many distinguished members of the worker's compensation section of the Bar.

Both of these new JCC's are fine gentlemen and scholars who bring a wealth of experience to the position.  The event offered attendees the opportunity to get to know more about both of them.

Judge Havers played a pivotal role in the implentation of the electronic filing or EJCC system, with an emphasis on the electronic transmission of appeals which has saved the system millions of dollars to date and will continue doing so into the future.  He also served as legal advisor to the Office of the Judges of Compensation Claims and assistant to the Deputy Chief Judge of Compensation Claims. He developed rules of procedure, policies, and production methods to improve the workflow and efficiency of the OJCC. In addition, he represented Judges of Compensation Claims before the First District Court of Appeal in cases involving Petitions for Writs of Mandamus and Prohibition.

Judge Jacobs has served as Chair of the Workers’ Compensation Section, Program Chair of Workers’ Compensation Forum, Chair of the Dade County Bar Association Workers’ Compensation Committee, Vice Chair of The Florida Bar Workers’ Compensation Rules Advisory Committee, Chair of The Florida Bar Workers’ Compensation Rules Committee, and as an instructor with the Workers’ Compensation Trial Advocacy Program. He has has lectured at numerous seminars on various workers’ compensation topics. In addition to workers’ compensation, he has practiced a variety of other fields of law.

Both of these gentlemen are well suited to the task of handling the intense litigation environment in Miami.  Our Firm looks forward to working with these new JCC's for years to come on behalf of our clients.  

Congratulations to Attorney Humberto Valdes on being named a Partner with the Firm!

It is with great pleasure that Jones, Hurley & Hand, P.A. announces the Partnership of Humberto Valdes.  Throughout his career he has worked tirelessly for his Employer, Carrier, Servicing Agent and Third Party Administrator clients defending their interests in some of the most novel, high profile litigation in the State of Florida.  He is a consummate team player who always concerns himself with the best interests of his clients, the firm and his colleagues, and that really has been a key part of his success and achievement as an attorney.  He has been selfless in this regard and is to be commended, not only for his abilities as an attorney, but additionally for his focus on the growth and prosperity of Jones, Hurley & Hand, P.A.  On top of being a phenomenal attorney, Mr. Valdes is a dedicated husband and father whose family adores him even more than we do at the firm!  

Original poem by Jennifer Rose serves as inspiration and basis for London performance!

Congratulations to our very own Jennifer Rose (The artist formerly known as Jennifer Matteo) for having an original poem of hers, "Heart, Mind, Body and Soul" adapted into a full length production at the prestigious Conservatoire East in London!  Jennifer's piece and the dance adaptation was performed multiple evenings on the stage in London to great acclaim.

To those of us who know Jen, it is no surprise to see her writing skills recognized on a greater stage, as she exhibits this same intellect and ability in her daily work on behalf of Employers, Carriers and Servicing Agents in her vital role as a paralegal in the firm to Attorney Michael Hernandez.  While we all knew she is a scholar and a tremendous asset to our firm and to our clients, it's amazing to see such an accomplishment in a completely unrelated field.

Congrats Jen!  

Uploaded by Conservatoire EAST Performing and Production Arts on 2017-06-17, Based on work by Jennifer Matteo.

JHH welcomes its newest attorney!

Jones, Hurley & Hand, P.A. is excited to announce the hiring of its newest associate, David Gerhardt. Mr. Gerhardt joins our Miami office location, bringing with him a wealth of experience and knowledge in the defense of worker's compensation claims.  His proven track record of taking a scholarly, well reasoned, and never hasty approach allows us to continue to expand our firm wide mission to represent insurance carriers, employers and third party administrators in the defense of worker's compensation claims, employment related matters as well as general civil litigation disputes.