Florida First District Court of Appeal Retreats from Ortiz
Thankfully, in the recent decision of American Airlines Grp. v. Lopez, the First District Court of Appeals has decided to retreat from the Ortiz decision in favor of applying a traditional statutory of limitations analysis.
July 11, 2024 at 11:55 AM
3 minute read
It is paramount that a legal practitioner and adjuster be able to determine whether a petition for benefits was timely filed, or if the petition for benefits falls outside the time limit for filing. Previously, the general rule was that a claimant had two years from the date of the accident or one year from the last provision of benefits, whichever is later, to file a Petition for Benefits in Florida. Currently, Florida's statute of limitations for workers' compensation cases is codified at F.S. 440.19 (1) and (2).
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