JCC Rejects Statute of Limitations Defense and Orders Follow-Up Care

In Maldonado v. Delta Air Lines Inc. / Indemnity Insurance Co. of North America, OJCC Case No. 22-022848TSS, Judge Timothy S. Stanton addressed whether the claimant's request for a return appointment with his authorized treating doctor was barred by the statute of limitations.

The E/C argued the limitations period expired in February 2025 because the last medical care was provided on February 20, 2024. Applying the First DCA's recent Estes analysis, the JCC found the one-year tolling period expired on February 19, 2025, but the two-year limitations clock then restarted and would not expire until 2027 if no other benefits were provided.

The JCC also accepted the IME physician's opinion that the work accident remained the major contributing cause of the claimant's need for additional low-back treatment. The claim for authorization and scheduling of a return appointment was granted, along with entitlement to attorney's fees and costs.

Source: Final Compensation Order