Wow. This one is a doozy.
For years, the assumption about the Statute of Limitations (SOL) was “form over substance.” A Claimant has 2 years from the date of accident and then 1 year from the last date of provided benefits to file a PFB. If he fails to comply within those time periods, he is barred forever from bringing a claim against the E/C. This was one of the first blog entries I wrote. You can read about the basics of SOL here. (For a video reference, click here.)
If you read s. 440.19 (the SOL statute) not once does it mention that the SOL tolls over a claim for attorney’s fees. The whole premise is based on giving the E/C and Claimant a ticking clock from the last date of benefits. Attorneys fees have nothing to do with the SOL.
Except now. . . (more…)