Brian Leighton v. Kratos Logistics, LLC and Ascendant Claims Services

Summary

The Florida First District Court of Appeal held that Brian Leighton's petition for workers' compensation benefits was timely under section 440.19(2), Florida Statutes. Applying its en banc decision in Estes v. Palm Beach County School District, the court concluded that the furnishing of authorized medical care tolled the limitations period and set aside the amended final compensation order dismissing the petition as untimely.

Holdings

1. Section 440.19(2), Florida Statutes, suspends or temporarily stops the two-year limitations period in section 440.19(1), rather than merely extending the period.
2. Leighton's March 2024 petition for benefits was timely because the last authorized medical care on August 2, 2022, suspended the limitations period until August 2023, after which the two-year period began to run.

Questions Presented

1. Whether the petition for workers' compensation benefits was timely under section 440.19, Florida Statutes.
2. Whether the last provision of authorized medical care suspended the limitations period under section 440.19(2) and made the March 2024 petition timely.

Disposition

reversed