Ferguson v. Dade County School Board

Florida District Courts of Appeal
Ferguson v. Dade County School Board, 495 So. 2d 806 (1986)
35 Educ. L. Rep. 876; 11 Fla. L. Weekly 2037; 1986 Fla. App. LEXIS 9815
Booth, Mills, Went, Worth

Ferguson v. Dade County School Board

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from a workers’ compensation order finding the statute of limitations has run and is a bar to the claim for benefits. We reverse and remand for a hearing to determine whether fraud occurred in this case.

Section 440.19(l)(a), Florida Statutes (1970), acts as a statute of limitations barring compensation unless a claim is filed within two years after the date of the last compensation payment.

Here, claimant admitted he neither filed a claim nor received compensation benefits during the two years prior to May 3, 1983, the last date he filed a claim.

Claimant argued, pro se, at the hearing and in his brief that fraud on the part of the employer/carrier tolled the statute of limitations; thus, the deputy commissioner’s order must be reversed.

At the hearing, the deputy commissioner stated: “Racism and fraud are not recognized by the Courts as being reasons for tolling the Statute. On its face, what you’re saying, it’s not a valid, legal reason.” The deputy commissioner dismissed the claim with prejudice based on the statute of limitations.

We disagree with the deputy commissioner that a valid claim of fraud does not toll the statute of limitations. Accordingly, we reverse and remand for a hearing to determine whether a valid claim of fraud exists which would and should excuse the untimely claim. See Barnett Bank of Palm Beach County v. Estate of Leon Henry Read, Jr., 493 So. 447 (Fla. 1986).

BOOTH, C.J., and MILLS and WENT-WORTH, JJ., concur.

Reference

Full Case Name
Tex T. FERGUSON v. DADE COUNTY SCHOOL BOARD and CNA Insurance Companies
Cited By
2 cases
Status
Published