Eckstein v. Seminole County Sheriff’s Office / Florida Sheriffs Risk Management Fund

JCC Sancerni (Orlando) (Rex Hurley/Tim Stanton)(10-19-22) – Denied entire claim based on SOL. The Claimant, a first responder, was hospitalized overnight with a rapid heart rate on 9/9/2018. She notified her supervisor and missed one day of work. The Claimant thought her supervisor told HR. The Claimant admitted a general understanding of the heart and lung bill but denied knowledge of the statute of limitations in September 2018. The Claimant contacted HR in March 2020 to confirm record of her incident as a potential work-related claim and learned it was not reported. March 2020 the claim was opened and denied. She did not recall receiving the informational brochure but received a notice of denial at the same address. The JCC accepted the claims assistant’s testimony corroborated by the adjuster, that the informational brochure was sent and not returned as undeliverable. The JCC rejected the Claimant’s estoppel argument of detrimental reliance on the supervisor informing HR of the 9/9/2018 hospitalization because six months prior to the statute running she informed HR herself and the notice of denial was sent 3/18/2020 ending any detrimental reliance. The Claimant failed to provide any evidence why she did not file a PFB until 12/22/2021.   Click here to view Order