MIAMI-DADE COUNTY SCHOOL BD. v. RUSS

No. 1D11-5748.

88 So.3d 1038 (2012)

MIAMI-DADE COUNTY SCHOOL BOARD and Gallagher Bassett Services, Inc., Appellants, v. David RUSS, Appellee.

District Court of Appeal of Florida, First District.

May 29, 2012.


Attorney(s) appearing for the Case

Luis F. Estrada of Angones, McClure & Garcia, P.A., Miami, for Appellants.

David Cohen , Hollywood, and Bill McCabe , Longwood, for Appellee.


PER CURIAM.

In this workers' compensation case, the Employer/Carrier (E/C) appeals an order of the Judge of Compensation Claims (JCC) rejecting its statute of limitations defense and awarding benefits. For the reasons below, we reverse.

Section 440.19(4), Florida Statutes (2006), provides:

Notwithstanding the provisions of this section, the failure to file a petition for benefits within the periods prescribed is not a bar to the employee's claim unless...

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