The claimant suffered a compensable accident and was placed at MMI with a zero percent impairment and no restrictions. They had not visited an authorized doctor since 2018 and filed a petition in 2020. The employer established a prima facie case, denying the petition as it no longer fell under the statute of limitations. The claimant made an argument of estoppel, but the JCC found no evidence that the employer was aware that the claimant was still using their authorized prescription. The claimant’s father and claims adjuster testified on informational benefit packages that the claimant insisted they had never received.
Ultimately, it was found that the employer had not misrepresented themselves, and their statute of limitations defense was sustained.
Statute of limitations defense SUSTAINED
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