CITY OF NORTH BAY VILLAGE/FLORIDA MUNICIPAL INSURANCE TRUST/FLORIDA LEAGUE OF CITIES, INC., APPELLANTS,
v.
PETER GUEVARA, APPELLEE
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The court held that the Judge of Compensation Claims erred in finding the Employer/Carrier was estopped from asserting the statute of limitations defense.
[1] An employer/carrier is not estopped from asserting a statute of limitations defense in a workers' compensation claim when it provides the injured employee with the statut…
[2] The statutory presumption of causation for law enforcement officers does not need to be detailed in the claim packet sent to an injured employee.
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Join FLexlaw to unlock all legal intelligenceClaimant, a law enforcement officer, notified his supervisor of light duty due to elevated blood pressure. The Employer/Carrier sent a claim packet, i…
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In this workers’ compensation appeal, the Employer/Carrier (E/C) argues that the Judge of Compensation Claims (JCC) erred in denying its statute of limitations defense and awarding benefits to Claimant. Because we agree the JCC erred in finding that the E/C was estopped from asserting a statute of limitations defense, we need not address the remaining issues raised by the E/C in this appeal.1
The facts in this case are undisputed. Claimant, a law enforcement officer, advised his supervisor on March 15, 2007, that he had been placed on light duty following a physical that revealed his blood pressure was elevated. His supervisor completed a notice of injury, which was received by the Employer’s workers’ compensation insurance carrier on March 23, 2007.
On March 26, 2007, the Carrier sent Claimant an “initial claim packet” via certified mail, and Claimant’s wife signed the certified mail receipt. The packet included the informational brochure approved by the Department of Financial Services entitled “Facts for Florida Injured Employees,” as required by section 440.185(4), Florida Statutes (2006). On October 18, 2011, Claimant filed a petition for benefits on account of the March 15, 2007, date of accident, which is beyond the two-year limitations period set forth in section 440.19(1), Florida Statutes (2006).2
In rejecting the E/C’s statute of limitations defense, the JCC found that the claim packet sent to Claimant by the E/C was so generic as to not provide meaningful information to Claimant, and the packet did not contain any information regarding the statutory presumption of causation afforded law enforcement officers under section 112.18(1), Florida Statutes (2006). The JCC also noted that the E/C did not authorize any medical treatment upon receiving notice of the claim; rather, the E/C *1102fully controverted the claim with its April 4, 2007, notice of denial. On these bases, the JCC concluded that the E/C was es-topped from raising the statute of limitations defense provided in section 440.19(1).
The JCC erred both in finding the E/C failed to meet the requirements of section 440.185(4) and in finding that the E/C was otherwise estopped from raising the statute of limitations defense. Neither section 112.18(1) nor section 440.185(4), nor any other portion of chapter 440, requires the E/C to provide an injured worker any details regarding the presumption found in section 112.18(1). Here, the claim packet sent to Claimant included the pamphlet published by the Department of Financial Services, the item specifically referenced in and required by section 440.185(4). Hence, the legal basis for the JCC’s determination that the E/C did not meet the statutorily imposed requirement to provide Claimant with notice of his rights lacks merit. Because Claimant did not file a petition for benefits within the limitations period, and further, because the record does not support a finding that the E/C should otherwise be estopped from raising the statute of limitations defense, Claimant’s right to file a petition was barred by the statute of limitations as set forth in section 440.19(1).
REVERSED.
WETHERELL and RAY, JJ., concur.