Appeals Court Rules on Workers’ Compensation SOL

In December 2024, the First Court of Appeals further muddied the waters in workers’ compensation statute of limitation matters with an inconclusive ruling in a key case.
Florida workers’ compensation law allows a two-year statute of limitations on compensation claims. That means a claimant has two years from the time of the injury or knowledge of the injury to file a petition for benefits. But the law also allows the SOL to be paused (tolled) for one year after the last medical treatment.
“My hope is that, going forward, practitioners and JCCs (judges of compensation claims) will feel empowered by the Supreme Court decisions I have discussed to continue with their approach of analyzing tolling the way it plainly is meant to be; and was meant to be, starting in 1994: as a suspension of the limitation period—requiring an assessment of the stops and starts impelled by the provision of benefits—before making the final determination of whether the statutorily established two-year limitation period has run, rather than just the one-year tolling period,” Judge Adam Tannenbaum wrote.
To determine if a petition for benefits is time-barred, an administrative law judge can figure out the date when the statutory limitation period expires by adding days remaining in the original two-year limitations period (at the time the last tolling period began) to the date when the limitations period (last) began to run again, Tannenbaum explained.
The Discovery Rule
Section 440.19(2) tolls the statute of limitations for a set period of time only. But the delayed discovery of an injury, or the delayed discovery of the full extent of an injury or illness, could theoretically toll the statute of limitations forever.
Asbestos exposure, a common pre-1980 work-related illness, is a good example. This heat-resistant, fibrous mineral was once a key ingredient in attic insulation, brake pads, hoodliners, and similar industrial products. Asbestos also doesn’t conduct sound or electricity.
These properties, along with its low cost, prompted companies to overlook the health risks for years, and use as much asbestos as possible in ships, cars, homes, and countless other industrial products.
Asbestos exposure illnesses, such as mesothelioma cancer, usually have at least a fifty-year latency period. So, workers exposed to asbestos in the 1970s, and even earlier, will not show signs of illness until the 2020s, or much later.
The illness itself is only one piece of the discovery rule puzzle. Job injury victims must also connect their illnesses with their work environments. Most people, including most doctors, believe that lifestyle choices, mostly smoking, and/or genetic predisposition cause lung cancer. Additional time usually passes before these victims connect the dots between lung cancer and the work environment.
So, no matter how much time passes between a work-related incident and an occupational disease, a Tampa workers’ compensation lawyer should at least evaluate your claim.
Benefits Available
If asbestos exposure victims, or any other victims, prove their injuries or illnesses were work related, a Tampa workers’ compensation lawyer can obtain benefits that replace lost wages and pay reasonably necessary medical bills.
Let’s stay with the asbestos exposure example. Limited workers’ compensation benefits are usually available in these cases. Because of the long latency period, many asbestos exposure victims are retired, so lost wage replacement is minimal. Furthermore, mesothelioma has a very high fatality rate, as do most other asbestos exposure diseases. Therefore, medical bills are usually low as well.
However, in another serious injury or illness case, these benefits could be substantial. The average economic losses in a catastrophic (life-threatening) injury case exceed $100,000. These economic losses primarily include lost wages and medical expenses.
Asbestos exposure victims, and some other job injury victims as well, can file civil claims. If they prove negligence, or a lack of care, additional compensation, such as money for emotional distress and other noneconomic losses, is available. Additional punitive damages are also available, in some extreme cases.
Work With a Thorough Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. Virtual, home, and hospital visits are available.
Source:
1dca.flcourts.gov/content/download/2445164/opinion/Opinion_2021-0885.pdf