Statute of Limitations Does Not Bar Claim for Carpal Tunnel Syndrome
Unless a petition for benefits is filed within two years from the date of accident, or within one year from the date that the employer last pays compensation or furnishes medical treatment, whichever occurs later, the statute of limitations will expire on a Florida workers' compensation claim. In Troche v. Geico, however, decided on 10/5/2007, the First DCA relied upon a long line of previous decisions and held that in cases involving "repeated trauma," "exposure," or "occupational disease," the statute of limitations never expires so long as the employee continues to be exposed to the harmful conditions which caused his disability in the first place because each exposure in effect constitutes a "new accident."
The claimant in Troche had developed carpal tunnel syndrome in both wrists as a result of using his computer at work. The carrier established a 1999 accident date and provided some brief medical care thereafter, but the claimant did not file his petition for benefits until 12/4/2003, well after the limitations period ordinarily would have expired. The evidence showed, however, that he continued to be employed and exposed to the harmful conditions on the job until September 2003. Therefore, said the First DCA, his petition was timely. You can read the JCC's order here.
