Jose L. Cabeza v. Patnode Roofing, Inc. and Summit, OJCC# 17-013328, Ft. Myers District, JCC Clark; Decision Date: Oct. 1, 2020

Judge denies claimant’s petition as the statute of limitations had run and agrees that a doctor visit and prescribed medication were unauthorized.

The employer asserted that the statute of limitations had run on the claimant’s 2011 work injury when the claimant filed a petition in 2020 for continued medical treatment in Mexico and temporary indemnity benefits. The claimant contended that a visit to a neurosurgeon and receipt of medication in 2019 tolled the statute of limitations. The employer asserted that neither the doctor visit nor medication was authorized. Coincidentally, the claimant had two dates of accident with two different employers but with the same carrier. The carrier had paid for a MRI related to the claimant’s other work injury with another employer, but they paid for the wrong date of accident/claim. They argued that this payment was in error and did not toll the statute. The judge agreed and denied the claim.

 

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