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Stewart A. Neff v. Utilities Marketing Group LLC and Broadspire

OJCC# 19-028233, Lakeland District, JCC Arthur

Primary Issue: Statute of Limitations

Summary: Amended Order (No change in decree.) – In connection with his compensable injury, claimant underwent surgery which included placement of permanent hardware in his knee. Following the surgery, claimant was also prescribed three braces. The issue presented for JCC determination was whether these items tolled the statute of limitations. Claimant last visited an authorized physician in 2017. First, the JCC found the evidence established the surgical hardware was assistive only during the healing process and since claimant had recovered from surgery the hardware was no longer serving any purpose. Second, the JCC accepted the medical opinion that the prescribed knee braces provided no continued structural support to the knee. Additionally, the testimony of the employer representative was accepted over that of claimant regarding the use of the braces at work. The JCC concluded the braces were not worn with sufficient frequency to support a finding that the employer had actual knowledge of such use. Petition claims BARRED by virtue of the expiration of the SOL.