McWilliams v. Americana Dutch Hotel, 91-1094
| Decision Date | 09 March 1992 |
| Docket Number | No. 91-1094,91-1094 |
| Citation | 595 So.2d 253 |
| Parties | 17 Fla. L. Weekly D671 Johnny McWILLIAMS, Appellant, v. AMERICANA DUTCH HOTEL and Cigna Insurance Company, Appellee. |
| Court | Florida District Court of Appeals |
Bill McCabe of Shepherd, McCabe & Cooley, for appellant.
George M. Murphy of Langston, Hess & Murphy, P.A., for appellee.
The judge of compensation claims erred in determining that appellant's claim for compensation benefits was barred by the two-year statute of limitations set out in Section 440.19(1)(a), Florida Statutes (1985). Although appellant's claim of February 19, 1990 was filed more than two years from the date that he last received treatment or payment in connection with his compensable injury, appellant's claim of March 31, 1988, was timely filed and is still pending, thereby precluding dismissal. See Turner v. Keller Kitchen Cabinets, Southern, Inc., 247 So.2d 35, 40 (Fla.1971); Strack v. Executive Motors, Inc., 500 So.2d 703, 704 (Fla. 1st DCA 1987).
REVERSED and REMANDED for further proceedings.
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Airey v. Wal-Mart/Sedgwick
...Fla. Stat. (2003). Accord Rice v. Reedy Creek Improvement Dist., 924 So.2d 882, 885 (Fla. 1st DCA 2006); McWilliams v. Americana Dutch Hotel, 595 So.2d 253, 254 (Fla. 1st DCA 1992); John Ringling Towers v. Klein, 573 So.2d 154, 155 (Fla. 1st DCA 1991). It is undisputed that the petition in ......
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Rice v. Reedy Creek Improvement Dist.
...his petition filed March 12, 2004 is likewise timely filed. To support this proposition, claimant relies on McWilliams v. Americana Dutch Hotel, 595 So.2d 253 (Fla. 1st DCA 1992), which held that a timely filed claim which was still pending precluded dismissal of a claim filed more than two......