JOHNNY MCWILLIAMS, APPELLANT,
v.
AMERICANA DUTCH HOTEL AND CIGNA INSURANCE COMPANY, APPELLEE

Fla. 1st DCA | 1992-03-09
No. 91-1094
SMITH and ALLEN, JJ., concur.
595 So. 2d 253 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 4 cases
Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

The judge of compensation claims erred in determining that appellant’s claim for compensation benefits was barred by the two-year statute of limitations set out in Section 440.19(l)(a), Florida Statutes (1985). Although appellant’s claim of February 19, 1990 was filed more than two years from the date that he last received treatment or payment in connection with his compensable injury, appellant’s claim of March 31, 1988, was timely filed and is still pending, thereby precluding dismissal. See Turner v. Keller Kitchen Cabinets, Southern, Inc., 247 So. 2d 35, 40 (Fla.1971); Struck v. Executive Motors, Inc., 500 So. 2d 703, 704 (Fla. 1st DCA 1987).

REVERSED and REMANDED for further proceedings.

SMITH and ALLEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Airey v. Wal-Mart/Sedgwick, 24 So. 3d 1264 (Fla. 1st DCA 2009)
    …ted petition for benefits tolls the statute of limitations as long as it remains pending. See § 440.19(3), Fla. Stat. (2003). Accord Rice v. Reedy Creek Improvement Dist., 924 So. 2d 882, 885 (Fla. 1st DCA 2006); McWilliams v. Americana Dutch Hotel, 595 So. 2d 253, 254 (Fla. 1st DCA 1992); John Ringling Towers v. Klein, 573 So. 2d 154, 155 (Fla. 1st DCA 1991). It is undisputed that the petition in this case met the statutory requirements. Moreover, once filed, a petition for benefits remains “pending until wi…
  • Rice v. Reedy Creek Improvement Dist. & Unisource Administrators, Inc., 924 So. 2d 882 (Fla. 1st DCA 2006)
    …at because his first petition for benefits was timely under section 440.19(2), Florida Statutes (2000)2, his petition filed March 12, 2004 is likewise timely filed. To support this proposition, claimant relies on McWilliams v. Americana Dutch Hotel, 595 So. 2d 253 (Fla. 1st DCA 1992), which held that a timely filed claim which was still pending precluded dismissal of a claim filed more than two years from the date the appellant last received treatment or payment in connection with his compensable injury. The…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw