Greetings,
I had quite a few follow up questions regarding the new Statute of Limitations caselaw, so thought I would share with all. As always, each case has nuances, so please reach out to discuss any specific situations.
- What claims are affected by the 1st DCA Estes decision? Any dates of accident since 1/1/1994 when the two-tier clock system became the law. If the case already settled or went to trial on SOL and the appeal window has expired, those are not revivable, typically. If you have the claim closed administratively, that claim can reopen if the claimant seeks benefits.
- When is the “last benefit provided” to start the one- year clock? For authorized medical, it is the date of the last visit, not when the bill is paid. For prescriptions, the date of the end of the last specific prescription for medication is the last benefit provided. If at the last visit, the doctor prescribes 1 pill day for 30 days, a specific usage, it’s the end of those 30 days per the Guttentag case. It the prescription is just take as needed, the last benefit is that actual visit date.
For indemnity, including interest and penalties, it is the date it is paid, no matter what timeframe it covers.
- If the FL Legislature “fixes” this mess, will that change the open claims now or just claims after the change. Maybe. It will depend on the language and whether it is deemed procedural (the process) or substantive (affects a right). Think of it this way, if they lower the speed limit today on the highway, you can’t get a ticket in the mail for going faster yesterday from a redlight camera, that is substantive change. However, the court ruled in the past that the WC 1-time change law in the 2002 was procedural and applied to all dates of accident, even though it sure felt like it took away something. So…maybe…..
- Please check all correspondence you send to the claimant that contains the SOL information. I have already helped one carrier reword their MMI co-pay letter for this new change. Glad to help if you need it.
- Will the WC Division change the informational brochure sent to claimants? I am assuming so, because both the English and Spanish versions SOL explanations are bueno no mas.
We are working on a CEU on the new SOL, let me know if you are interested in having us set it up for your company.
Sincerely,
Morgan Indek | Managing Partner