In the Tampa workers’ compensation case of William T. Sanchez v. His House Children’s Home, the claimant was given authorized care for a workplace accident in 2016. The claimant was prescribed special orthotics, and given an MMI with zero percent impairment and no restrictions.
A petition for benefits was filed in 2020, and the employer denied the prima facie case. They declared it untimely under the statute of limitations (SOL).
The claimant argued that the employer was estopped from asserting the SOL, since the employer owed penalties and interest on benefits, and the claimant was still undergoing orthotic treatment. The claimant also stated that they never received an information packet about the SOL from the employer.
The claimant’s last medical appointment with an authorized provider was in 2018, meaning the employer was unaware of the claimant’s continued orthotic treatment. The claimant also received all indemnity checks sent to the same address as the information packet, making it implausible that they never received the package.
The JCC found no evidence as to the alleged misrepresentations by the employer, and they did not trust the claimant’s testimony that they had not received the informational package.
SOL defense SUSTAINED