DEPARTMENT OF REVENUE, STATE OF FLORIDA, APPELLANT,

v.

CAROL MANAGEMENT CORP., APPELLEE

Citator

Cited By

• Turner v. G. Pierce Wood Mem'l Hosp. & State of Fla., 600 So. 2d 1153 (Fla. 1st DCA 1992)
  …tained, at his own expense, treatment from Dr. Kessler beginning on May 1, 1990. These contentions, if true, may legally operate to avoid the bar of the statute of limitations urged by the employer and carrier. See Paulk v. Berkeley Florist Supply, 574 So. 2d 238 (Fla. 1st DCA), rev. denied, 584 So. 2d 997 (Fla.1991). At the very least, the claimant is entitled to have the judge of compensation claims rule on these contentions. Yet the order under review does not. Therefore, we reverse the denial of benefits…
• Timmeny v. Tropical Botanicals Corp./Zurich Ins. Co., 615 So. 2d 811 (Fla. 1st DCA 1993)
  …rmanent impairment benefits was not barred by the two-year statute of limitations, because employer’s notice to claimant did not adequately describe the availability of benefits other than wage loss); Department of Revenue v. Carol Management Corp., 574 So. 2d 238 (Fla. 1st DCA 1991) (two-year limitation period did not bar worker’s claim in that claimant informed both servicing agent and employer during the limitation period that his injury may have been related to his industrial accident, but neither employe…
• Fla. Hosp. & Sedgwick James of Fla. v. Williams, 689 So. 2d 1255 (Fla. 1st DCA 1997)
  …terms of section 440.19. The judge of compensation claims (JCC) disagreed with the statute of limitations defense. The JCC relied on the holdings in Herb’s Exxon v. Whatmough, 487 So. 2d 1169 (Fla. 1st DCA 1986) and Paulk v. Berkeley Florist Supply, 574 So. 2d 238 (Fla. 1st DCA 1991), which state that the section 440.19 limitations period for filing a claim does not begin to run until the claimant, as a reasonable man, should recognize the nature, seriousness and probable compensable character of his injury o…

Authorities Cited

• State v. Zuckerman-Vernon Corp., 354 So. 2d 353 (Fla. 1977)
• Straughn v. Girard H. Story, Jr., 334 So. 2d 337 (Fla. 1st DCA 1976)
• Abramson v. Straughn, 348 So. 2d 1172 (Fla. 4th DCA 1977)