Q: Statute of limitations expired for medical care?
I was initially treated for a work related condition (carpal tunnel) in 2021, and since then was placed under reduced work hours with FML. I have never received benefits besides covering a few doctors appointments I had. My last office visit was in 2022, where the doctor updated my 'disability' form to continue my reduced work hours ending 'indefinitely.' Also noting my next office visit as 'N/A' and 'Permanent' under how long the condition would last on the 'health care provider certification of medical leave' form. He advised I can come back for check ups or surgery, etc in the future as it is covered under work comp. So, I recently tried to schedule another visit, and was informed by the work comp representative that the case closed in 2022 and the statute of limitations has been reached. The doctor had updated the form earlier this year, and I' being told because i didn' get treated that it closed. I don' understand and want to make sure this sounds accurate? Thank you in advance!
A: There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them applies. It is very fact-specific and on a case-by-case basis. Of course work comp won't tell you about that though, and this is why I'd highly recommend that you reach out to an attorney licensed in Florida and who handles workers' compensation cases to help with this.
Brian Phillip Vassallo agrees with this answer
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