Tauben v. Joe's Stone Crabs, Inc.

WOLF, Judge.

Tauben appeals from a final order of the judge of compensation claims (JCC) finding that his claims for compensation, medical care and treatment were time barred by section 440.19, Florida Statutes. We find that the order of the JCC failed to adequately address this issue, and reverse and remand.

The case of USS Agri-Chemicals v. Wad-dell, 537 So.2d 111 (Fla.1989), holds that when a person is incarcerated and a statute of limitations defense is asserted, the JCC must determine whether the claimant would have qualified for compensation benefits if he had not been incarcerated. We…