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!