Department of HRS/State v. Giles

Appellant seeks reversal of the JCC’s award of permanent total benefits and medical benefits, contending that such benefits are barred by the limitations provision of section 440.28, Florida Statutes (1987). We affirm in part and reverse in part.

Claimant suffered a compensable knee injury in November 1987. She filed a claim for permanent total disability (PTD) or, alternatively, temporary total disability, temporary partial disability, or wage loss. By order dated April 12, 1994, such relief was denied. Thereafter, Claimant received remedial treatment sporadically, including care under…