Certain v. Big Johnson Concrete Pumping, Inc.

Alan Certain, Jr., appeals an order deeming his petition for workers’ compensation benefits barred by the two-year statute of limitations. Certain argues the Judge of Compensation Claims (“JCC”) erred in finding that the initial response to his Petition for Benefits raised the statute of limitations defense and that he had actual knowledge of the two-year statute of limitations applicable to workers’ compensation claims. We reverse because the initial response to Certain’s petition, a pleading entitled “Response to Petition for Benefits,” failed to assert the statute of limitations in defense…