News

McConnaughhay Coonrod Partner Tracey Hyde was successful in defending the Statute of Limitation of as claim for benefits

March 1, 2024

McConnaughhay Coonrod Partner Tracey Hyde was successful in defending the Statute of Limitation of as claim for benefits. Here’s a brief overview of the case:

Claimant sought medical & indemnity benefits pursuant to a PFB filed 3/10/23, which was exactly one year after three replacement TT checks were issued from time periods in 2019 that had never been cashed.  Claimant testified she never knew she was missing those checks until they arrived in March, 2022.  The issues were bifurcated, and only the E/C’s SOL defense was tried at the 12/4/23 final hearing.  Claimant last received indemnity benefits in December 2020 (payment of IBs) and last received medical treatment on 4/28/21, leading to the E/C’s issuing of a DWC-12 in May, 2022, advising of the running of the SOL.  Despite all of that, Claimant still waited until March, 2023 to file her Petition.  The JCC ruled she did not prove estoppel and the SOL ran.

Well done, Tracey!