Schiano v. City of Hollywood / Employer’s Mutual, Inc.

Andrew R. Borah

JCC Lewis (Ft. Lauderdale) (4-6-18) – denied all benefits based on SOL. The E/C denied medical care as sought by the claimant in a PFB including a request for a one time change on the basis of SOL running. The claimant argued that the E/C was estopped from asserting a SOL defense because counsel for the E/C sent an email to claimant’s attorney before a Response was filed to the PFB providing the name of a new physician pursuant to the claimant’s request for a one time change. The JCC held that this email from E/C attorney did not bar them from asserting the SOL defense and when the official Response to the PFB was filed it did properly assert the SOL defense. JCC held the claimant’s claims were barred by SOL and denied all benefits.
View JCC Merits Order