Tauben v. Joe's Stone Crabs, Inc.

District Court of Appeal of Florida

Tauben v. Joe's Stone Crabs, Inc.

632 So. 2d 102, 1994 Fla. App. LEXIS 598, 1994 WL 30326

CourtDistrict Court of Appeal of Florida

DecidedFebruary 7, 1994

DocketNo. 92-2586

StatusPublished

Cited by1 cases

This text of 632 So. 2d 102 (Tauben v. Joe's Stone Crabs, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tauben v. Joe's Stone Crabs, Inc., 632 So. 2d 102, 1994 Fla. App. LEXIS 598, 1994 WL 30326 (Fla. Ct. App. 1994).

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Opinion

WOLF, Judge.

Tauben appeals from a final order of the judge of compensation claims (JCC) finding that his claims for compensation, medical care and treatment were time barred by section 440.19, Florida Statutes. We find that the order of the JCC failed to adequately address this issue, and reverse and remand.

The case of USS Agri-Chemicals v. Wad-dell, 537 So.2d 111 (Fla.1989), holds that when a person is incarcerated and a statute of limitations defense is asserted, the JCC must determine whether the claimant would have qualified for compensation benefits if he had not been incarcerated. We see no reason not to apply this rule to employer-furnished medical treatment.

In this case, the claimant was incarcerated for a substantial portion of the two years immediately after the last medical attention furnished by the employer. Claimant received medical attention while in prison, which he asserts was related to his compen-sable injury. Immediately upon his release from custody, claimant sought compensation benefits and medical treatment. The carrier denied these claims based on the statute of limitations. The JCC upheld this determination, but never specifically addressed the test set forth in USS Agri-Chemicals, supra. This was error.

Reversed and remanded for application of the USS Agri-Chemicals test.

ZEHMER, C.J., and MINER, J., concur.

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WOLF, Judge.

Tauben appeals from a final order of the judge of compensation claims (JCC) finding that his claims for compensation, medical care and treatment were time barred by section 440.19, Florida Statutes. We find that the order of the JCC failed to adequately address this issue, and reverse and remand.

The case of USS Agri-Chemicals v. Wad-dell, 537 So.2d 111 (Fla.1989), holds that when a person is incarcerated and a statute of limitations defense is asserted, the JCC must determine whether the claimant would have qualified for compensation benefits if he had not been incarcerated. We see no reason not to apply this rule to employer-furnished medical treatment.

In this case, the claimant was incarcerated for a substantial portion of the two years immediately after the last medical attention furnished by the employer. Claimant received medical attention while in prison, which he asserts was related to his compen-sable injury. Immediately upon his release from custody, claimant sought compensation benefits and medical treatment. The carrier denied these claims based on the statute of limitations. The JCC upheld this determination, but never specifically addressed the test set forth in USS Agri-Chemicals, supra. This was error.

Reversed and remanded for application of the USS Agri-Chemicals test.

ZEHMER, C.J., and MINER, J., concur.

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632 So. 2d 102, 1994 Fla. App. LEXIS 598, 1994 WL 30326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tauben-v-joes-stone-crabs-inc-fladistctapp-1994.

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