Faye Gardner v. Delta Air Lines, Inc. and ACE USA

In Faye Gardner v. Delta Air Lines, Inc. and ACE USA the Claimant sustained cervical and right shoulder injuries. After receiving treatment the Claimant was stable without complaints and was placed at Maximum Medical Improvement with no restrictions and a 0% permanent impairment rating. The Claimant continued working for the employer until she injured her cervical spine and shoulder in a motor vehicle accident that was not accepted by E/C as being related to workers compensation. Claimant then filed a PFB for indemnity which was denied by E/C on the grounds that Claimant had returned to full duty and been placed at MMI. Over seven years later another PFB was filed. E/C argued statute of limitations defense. The JCC found that the claim is DENIED on the grounds that the statute of limitations has expired.

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