Time is On Our Side…Yes it is…
This month, the First DCA entered an opinion regarding the statute of limitations. It would have seemed that there was nothing left to address with regard to the state of the statute of limitations law, as the law has been unchanged since 1994. It is kind of like my dad in retirement, he has run out of things to fix around the house, so he is fixing everything all over again. In 2006, the First DCA entered a controversial opinion in Ginsberg v. ChemMed Corp. 929 So. 2d 623 (Fla. 1st DCA 2006), which seemed to go against prior caselaw and state that: (1) if an individual is prescribed medication, (2) the employer is aware of the prescription, and (3) the individual uses the medication as prescribed, then the statute of limitations will not begin to run until the end of the prescription period. I actually lost a trial on a case of my own based upon this opinion! The Court has now readdressed the issue in Pomerantz v. Palm Beach County Sheriff’s Office & USIS, D13-2590 (Fla. 1st DCA, February 7, 2014). Actually, much to the delight of industry, the First DCA has distinguished its prior opinion in Ginsberg, stating that case had very specific facts. Rather, the First DCA has now clearly held again that the actual state of the law is that the statute of limitations begins running on the date the medication is prescribed, not the date that the medication is finished, even if taken as prescribed. The distinguishing facts seem to be whether it is a recurring prescription, and whether the medication is prescribed to be taken as needed as opposed to a strict daily dosage.
So….I guess I should have asked for an 8 year continuance.
Joanne Prescott has been Board Certified as an expert in the area of workers’ compensation by the Florida Bar.Joanne’s state-wide practice includes counseling and defending insurance companies, third party administrators and employers.This includes perfecting claims for reimbursement from the Special Disability Trust Fund on behalf of her clients.Joanne’s client-base includes governmental entities, religious organizations, large retailers, trucking companies and construction companies.
Joanne actively contributes to the workers’ compensation field as a certified instructor of continuing education classes for adjusters, employers and attorneys, and is serving as the Secretary of the Executive Council of the Workers' Compensation Section of the Florida Bar.She has received the designation of Super Lawyer by Super Lawyers Magazine, being counted among the elite 5% of Florida attorneys to receive this honor, and has been named one of Florida’s Legal Elite by Florida Trend Magazine.She continues to volunteer significant time as a Guardian ad Litem through The Legal Aid Society, and has been recognized for outstanding pro bono legal service by the Orange County Bar Association when she was named the New Attorney of Excellence in 2002.