Health Central v. Cesar

We conclude that the judge of compensation claims erred in precluding the employer and carrier from asserting a defense based on the statute of limitations. An employer who fails to provide an employee with the informational brochure required by section 440.185, Florida Statutes may be estopped from asserting a statute of limitations defense, see Gaines v. Orange County Public Utilities, 710 So.2d 139 (Fla. 1st DCA 1998), but estoppel is not a bar to the defense in the present case because the claimant had actual knowledge of her rights under the worker’s compensation laws. See Solar Pane…