PAUL J. STINES, APPELLANT,
v.
WINTER HAVEN HOSPITAL/SELF-INSURED, APPELLEES

Fla. 1st DCA | 1989-09-07
No. 88-3227
SMITH and BARFIELD, JJ., concur.
548 So. 2d 818 Florida District Court of Appeal, First District (1989) Caution
Cited by 6 cases

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Holding

The employer has a responsibility to inform injured workers of available benefits, and failure to do so can prevent the statute of limitations from barring a claim.


Headnotes

[1] An employer has a responsibility to inform an injured worker of benefits to which they may be entitled, and this obligation cannot be met by sending information to an out…

[2] An employer's duty to inform an injured worker of benefits is triggered by the worker's requests for treatment, which should prompt the employer to inform the worker of e…

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Facts & Procedural History

Claimant suffered a compensable injury and received benefits until maximum medical improvement. The employer's servicing agent sent an 'entitlements' …

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Opinion of the Court
SHIVERS, Chief Judge.

SHIVERS, Chief Judge.

The claimant in this worker’s compensation case appeals the deputy commissioner’s (DC’s) order dismissing his claim as untimely. We reverse and remand for hearing on the claim.

Claimant suffered a compensable injury while working for Winter Haven Hospital and he received temporary total disability (TTD) benefits until September 1985. Dr. Bellegarrigue treated claimant and diagnosed some disc bulging and herniation. The doctor returned claimant to work September 1985. The doctor sent the servicing agent (SA) a note that claimant reached maximum medical improvement October 2, 1985 with a 7-10% permanent physical impairment to the body. On February 11, 1986, the SA sent claimant a letter advising him of receipt of the doctor’s report and advising him of his entitlement to future wage loss in the event such was incurred. Claimant testified that because he lived at another address he never received this letter. He said, however, that in October 1985, before the SA sent the “entitlements” letter, he notified the SA of his new address. The SA did not dispute this.

Claimant testified that no one, including the hospital’s workers’ compensation (WC) handler, indicated what his rights were under the WC procedures and no one ever mentioned a statute of limitations.

Claimant was fired August 1987. He said that between the time of his initial medical treatments and the firing, he had approached the hospital’s WC handler numerous times about further medical treatment, and chiropractic care.

The WC handler stated that claimant did not seek medical treatment for his compensable back injury during the entire year of 1986. The handler stated that claimant, approached her in June 1987 requesting to see a chiropractor so she contacted the SA which asked that claimant first see Dr. Bellegarrigue again. She set an appointment for July 22, 1987, informed the claim ant of this appointment, and the claimant failed to keep the appointment. She stated that claimant came to her again on August 18, 1987 complaining of pain and asserting that Dr. Bellegarrigue told him that he would not refer him to a chiropractor. Claimant testified that he did not go back to Dr. Bellegarrigue because the doctor told him there was nothing more he could do for him and because he worked at the hospital with the doctor on a daily basis and he did not want to harm the working relationship by constantly nagging the doctor. Claimant filed a claim for wage loss and further medical benefits in February 1988.

We held in Wood v. McTyre Trucking Co., 526 So. 2d 739, 742 (Fla. 1st DCA 1988) that it is the responsibility of the employer to place needed benefits in the hands of the injured worker “when the employer knows, or reasonably should know from facts properly and diligently investigated, that such benefits are due_ This obligation cannot be met unless the employer informs the injured worker of the benefits to which he or she may be entitled.” We find that claimant’s employer failed to meet its obligation. Its servicing agent sending an “entitlements” letter to claimant’s old address when it appears the new address had been furnished, did not discharge the employer’s obligations to inform. Claimant’s numerous requests for treatment should have indicated to the employer and the servicing agent that they must, at least, inform the claimant of his entitlements and assist him in securing any benefits to which he may be entitled. Id.

Further, once the claimant specified to the hospital’s WC handler that he desired chiropractic treatment, the employer was required to provide chiropractic treatment or obtain a ruling that such care was not in the claimant’s best interest. Teimer v. Pixie Playmates, 532 So. 2d 37 (Fla. 1st DCA 1988). The SA’s imposition of the requirement that the claimant first see Dr. Bellegarrigue when that doctor had indicated that he could do nothing else for the claimant, was contrary to our decision in Teimer. Under these circumstances we find the statute of limitations cannot be applied to bar claimant’s claim.

REVERSED and REMANDED for hearing on the claim.

SMITH and BARFIELD, JJ., concur. . Compare Sherrill v. Fuchs Baking Company, 327 So. 2d 222 (Fla.1976) (wherein the supreme court held that the employer did not have such knowledge of the employee’s condition as would toll the statute of limitations. The holding turned not only on the claimant’s delay in seeking benefits but also on the claimant’s failure to ever seek medical treatment for complications arising out of his compensable injury. In the instant case, the hospital’s WC handler acknowledged that claimant sought medical treatment for his back injury).


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Citator

Cited By

  • Timmeny v. Tropical Botanicals Corp./Zurich Ins. Co., 615 So. 2d 811 (Fla. 1st DCA 1993)
    …gent and employer during the limitation period that his injury may have been related to his industrial accident, but neither employer nor servicing agent advised claimant of his rights and obligations under chapter 440); Stine v. Winter Haven Hosp., 548 So. 2d 818 (Fla. 1st DCA 1989) (statute of limitations defense rejected on facts showing that agents for the employer sent entitlement letter to the employee’s former address rather than that which had been supplied by the employee); McCort v. Southland Corp.,…
  • Westinghouse Elec. & Gates McDonald & Co. v. Widlan, 623 So. 2d 511 (Fla. 1st DCA 1993)
    …d 994, 997 (Fla. 1st DCA 1991) (E/C’s repeated offer of IME, despite record evidence that claimant’s condition necessitated further treatment, did not constitute adequate offer of alternative treatment); Stines v. Winter Haven Hospital/Self-Insured, 548 So. 2d 818 (Fla. 1st DCA 1989). Dr. Frankl testified the medical treatment rendered to Claimant’s back was reasonable and necessary, and the JCC so found. Bennett v. H & L Builders, Inc., 567 So. 2d 33 (Fla. 1st DCA 1990) (if E/C fail to provide care or obtain…
  • Gulfstream Press, Inc. v. Acle, 697 So. 2d 213 (Fla. 1st DCA 1997)
    …00 So. 2d 1153, 1158 (Fla. 1st DCA 1992)(stating that the claim that employer/carrier told claimant that the statute of limitations had expired, when it had not, could, if true, legally toll the statute of limitations); Stines v. Winter Haven Hosp., 548 So. 2d 818 (Fla. 1st DCA 1989)(holding that the statute of limitations does not bar claim for benefits when employer fails to inform claimant of eligibility for them); Holiday Care Ctr. v. Scriven, 418 So. 2d 322, 327 (Fla. 1st DCA 1982)(stating that an affirm…

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