FRANCES BETHAM, APPELLANT,
v.
CITY OF ORLANDO AND CIGNA, GALLAGHER BASSETT, AND CRUM & FORSTER, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Florida workers' compensation case addressing whether an employee's receipt of voluntary medical treatment in 1988 reactivates her right to file claims against former insurance carriers for injuries sustained in 1980-1984. The court affirmed the deputy commissioner's denial, holding that the statute of limitations had expired because the current treatment was not attributable to the earlier injuries.
The statute of limitations is not reactivated. Section 440.19(1)(a) requires that a claim be filed within two years of injury, or within two years of the last treatment for that injury. Here, the current treatment in 1988 was not on account of the earlier injuries covered by the former carriers, but rather for a subsequent injury occurring after their coverage ended. Thus, the claims against the former carriers were time-barred.
[1] A claimant has standing to appeal a workers' compensation order that precludes them from receiving certain future benefits.
[2] The statute of limitations for filing a workers' compensation claim is reactivated by the employer's provision of remedial treatment only if that treatment is on account…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The right to compensation for disability, rehabilitation, impairment, or wage loss under this chapter shall be barred unless a claim therefor ... is filed within two years after the time of injury, except that, if payment of compensation has been made or remedial treatment or rehabilitative services have been furnished by the employer on account of such injury, a claim may be filed within two years after the date of the last payment of compensation or after the date of the last remedial treatment or rehabilitative services furnished by the employer.”
Statement of the controlling statute of limitations provision in Florida workers' compensation law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBetham sustained work injuries on five dates between December 1980 and February 1984, with different carriers responsible for different injuries. Her …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remedial Treatment cases and more on FLexlaw
WENTWORTH, Judge.
Claimant seeks review of a workers’ compensation order by which the deputy commissioner denied a claim for contribution instituted by the current servicing agent for the self-insured employer against a former carrier and former servicing agent of the employer. Claimant argues that because her employer has voluntarily provided medical treatment for certain injuries as recently as 1988, the filing period for earlier, compensable injuries suffered by claimant is reactivated, and the current servicing agent can file a claim for contribution against the former carrier and the former servicing agent who provided services to claimant’s employer at the times of those earlier injuries. Claimant makes no reference to record evidence tending to show that the treatment she has received under the current servicing agent is on account of any injury sustained during those times in which coverage was provided by either the former carrier or the former servicing agent. We therefore affirm the deputy commissioner’s denial of contribution.
Claimant sustained injuries on the following days: 12/9/80, 1/28/83, 5/5/83, 8/31/83, and 2/14/84. Claimant filed a claim for benefits in March 1985, but it was dismissed as to both CIGNA and Gallagher Bassett for lack of prosecution in late 1987. Claimant subsequently filed another claim for benefits in December 1987, and it is this claim which is at issue here.
A hearing was held on the claim in August 1988. The deputy commissioner found that appellee CIGNA Property & Casualty Company (CIGNA) was responsible for providing coverage for the knee injury claimant sustained on 12/9/80, with the last treatment for that injury occurring in April 1983. Appellee Gallagher Bassett Insurance Service (Gallagher Bassett) was responsible for covering the injuries claimant sustained to her back and neck on 1/28/83, and to her knees on 5/5/83 and 8/31/83. The last date of treatment rendered to claimant on account of these three injuries was in May 1985. Appellee Crum & Forster Commercial Insurance (Crum & Forster), the current servicing agent for claimant’s employer, was responsible for covering treatment for the neck injury which claimant sustained in 1984. The treatment which claimant has received from her employer through Crum & Forster as recently as mid-1988 is for ongoing problems claimant has with her cervical spine.
The deputy commissioner concluded that any treatment rendered to claimant subsequent to April 1983 was not for the injury for which CIGNA was responsible, and that any treatment rendered to claimant subsequent to May 1985 was not for any injuries for which Gallagher Bassett was responsible. Thus, by the time of hearing the statute of limitations had expired on all claims arising out of the injuries sustained by claimant while CIGNA and Gallagher Bassett provided services for claimant’s employer. The claims against both CIGNA and Gallagher Bassett were dismissed.
Crum & Forster did not appeal the deputy commissioner’s denial of contribution between carriers. We note initially that there is no merit to CIGNA and Gallagher Bassett’s argument that claimant lacks standing to appeal the deputy commissioner's order. The effect of the deputy commissioner’s finding that “the statute of limitations bars the Claimant’s rights against CIGNA and Gallagher Bassett for any future benefits” precludes claimant from receiving certain future benefits on those claims. Thus, claimant is adversely affected by the deputy commissioner’s order and has standing to challenge it.
Section 440.19(l)(a), Florida Statutes, provides:
The right to compensation for disability, rehabilitation, impairment, or wage loss under this chapter shall be barred unless a claim therefor ... is filed within two years after the time of injury, except that, if payment of compensation has been made or remedial treatment or rehabilitative services have been furnished by the employer on account of such injury, a claim may be filed within two years after the date of the last payment of compensation or after the date of the last remedial treatment or rehabilitative services furnished by the employer. Claimant argues that under a “theory of repetitive trauma” all of the injuries she has sustained over the years to her neck and back contribute to her present condition, and because she received treatment for her neck condition in 1988 her current claim for benefits flowing from those earlier neck injuries is timely.
However, claimant fails to offer evidence demonstrating that any of her prior injuries were still requiring treatment at the time her employer voluntarily began paying for her current treatment through Crum & Forster. Claimant relies on her physician’s statement that each of the injuries which she sustained played a contributing role in causing, aggravating or exaggerating her neck condition as support for her contention that the treatment she has received under Crum & Forster is on account of injuries she suffered during the time when both CIGNA and Gallagher Bassett provided services for her employer.
However, the deputy commissioner found that the remedial care which claimant received under Crum & Forster was on account of additional accidents and injuries that occurred after CIGNA and Gallagher Bassett had discontinued coverage.
Thus, if it were not for some subsequent accident or injury suffered by claimant, independent remedial treatment would not have been required for any of her earlier injuries. Claimant refers to no evidence which contravenes the deputy commissioner’s findings. The deputy commissioner is “the trier of facts and judge of their significance both first and foremost....” Poinciana Village Constr. Corp. v. Gallarano, 424 So. 2d 822, 825 (Fla. 1st DCA 1982).
The medical testimony supports a conclusion that the injuries which claimant suffered prior to March 1985 for which CIG-NA and Gallagher Bassett were responsible had healed adequately by March 1985 for claimant to return to work full-time with very little restriction on her ability to work, and that any remedial treatment thereafter was on account of some injury sustained subsequent to that time. Claimant relies on Daniel v. Holmes Lumber Co., 490 So. 2d 1252 (Fla.1986) in support of her argument that the voluntary treatments provided by her employer through Crum & Forster for her neck condition allow her to reactivate her claim for benefits for earlier neck injuries even though more than two years has passed since those earlier neck injuries. For the reasons noted above, Daniel is inapposite to the discussion here. The earlier neck injuries were not requiring remedial treatment at the time the current servicing agent began providing treatment, and claimant cites to no record evidence that contravenes the deputy commissioner’s conclusion that the current treatment is not on account of one of these earlier injuries. Claimant’s current claim for benefits is therefore barred by section 440.19(1)(a).
The deputy commissioner’s order is affirmed.
NIMMONS, J., concurs.
ZEHMER, J., concurs in result.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Charlton Bell v. Commercial Carriers & Ryder Servs. Corp., 603 So. 2d 683 (Fla. 1st DCA 1992)…provided following the 1989 accident were for the date of that accident only. The JCC concluded that the 1989 treatment was not remedial treatment for the 1981 injury and barred Bell’s claim. The JCC expressly relied upon Betham v. City of Orlando, 556 So. 2d 412 (Fla. 1st DCA 1989). In Betham, this court found that the limitations period had expired because all remedial treatment received by the claimant in that case was on account of some injury sustained subsequent to the date of the compensable injury. I…
-
Ellis v. Galloway's Inc., 794 So. 2d 710 (Fla. 1st DCA 2001)…a finding. Accordingly, the later treatment after the 1995 repetitive trauma accident revived the SOL for the 1992 accident. See Bell v. Commercial Carriers, 603 So. 2d 683 (Fla. 1st DCA 1992). This is distinguishable from Betham v. City of Orlando, 556 So. 2d 412 (Fla. 1st DCA 1989), where the later treatment did not revive the SOL for an older injury because the claimant did not show that the later treatment was provided on account of any previous injury. Thus, the two-year SOL for the 1992 accident was rev…
Authorities Cited
- Higdon v. State, 490 So. 2d 1252 (Fla. 1986)
- Poinciana Vill. Constr. Corp. & Travelers Ins. Co. v. Gallarano, 424 So. 2d 822 (Fla. 1st DCA 1982)