City of Dania Beach and PGCS v. David Zipoli

In this workers’ compensation case, the Employer/Carrier (E/C) appeals an order of the Judge of Compensation Claims (JCC) finding that it was estopped from asserting a statute of limitations defense against the Claimant’s request for benefits. Because the elements of estoppel were not established in this case, we revérse.

Background

The Claimant sustained a compensable low-back injury on January 16, 2009. The E/C provided both medical treatment and indemnity benefits. In September 2009, the E/C sent the Claimant a letter stating that he had reached maximum medical improvement (MMI) with a…