Estes v. Palm Beach County School District, Davies Claims North America, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledMarch 23, 2026
Docket1D2025-0079
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2025-0079
_____________________________
NANCY ESTES, CORRECTED PAGE: 50
CORRECTION UNDERLINED IN RED
MAILED: March 30, 2026
Appellant, BY: KS
v.
PALM BEACH COUNTY SCHOOL
DISTRICT, and DAVIES CLAIMS
NORTH AMERICA, INC.,
Appellees.
_____________________________
On appeal from the Office of the Judges of Compensation Claims.
Gregory J. Johnsen, Judge of Compensation Claims.
Date of Accident: September 30, 2021.
March 23, 2026
EN BANC
OSTERHAUS, C.J.
In 1994, a comprehensive revision of the Workers’
Compensation Law became effective in Florida. As part of that
overhaul, the Legislature replaced a statute of limitations regime
in § 440.19(1), Florida Statutes, that had allowed claimants to
obtain successive two-year extensions to seek benefits. The revised
law took a stricter tolling approach under which a claimant’s
receipt of injury-related treatment or benefits would “toll the
[original two-year] limitations period set forth above . . . for 1 year
from the date” that the benefits were provided or paid. § 440.19(2),
Fla. Stat. (emphasis added). Nancy Estes’s case turns on the
meaning of this tolling provision. Because the term “toll” here
means to suspend, stop temporarily, or abate the “limitations
period set forth above,” rather than extending a discrete one-year
period to file additional claims, we set aside the final order which
dismissed Estes’s petition for benefits on timeliness grounds. 1
I.
Nancy Estes was a teacher employed by the Palm Beach
County School District. On September 30, 2021, she tripped and
fell on the job sustaining an accidental injury that was accepted as
compensable by Appellees, the employer/carrier (E/C). The E/C
paid workers’ compensation medical and indemnity benefits to
Estes for about sixteen months, from October 2021 to January
2023. According to the parties’ hearing stipulation, the last date
the E/C furnished any benefit was January 26, 2023. After that,
the E/C filed a Notice of Denial on February 8, 2023, signaling its
intention to deny any additional future medical treatments or
benefits based on allegations that the accident was not the major
contributing cause of her need for such treatments or benefits. In
June 2024, about seventeen months after receiving her last
benefits, Estes filed a petition for benefits (PFB). She sought a one-
time change in orthopedists and other benefits. The E/C denied her
claims contending that the statute of limitations barred them all.
1 This appeal has been decided en banc because, as discussed
below, it corrects our interpretation of § 440.19(2) in a way that
directly conflicts with how several previous panels of this court
applied the tolling provision in cases such as: Orange Cnty. Sch.
Bd. v. Best, 728 So. 2d 1186, 1188 (Fla. 1st DCA 1999); Claims
Mgmt., Inc. v. Philip, 746 So. 2d 1180, 1181 (Fla. 1st DCA 1999);
Medpartners/Diagnostic Clinic Med. Grp. v. Zenith Ins. Co., 23 So.
3d 202, 204, 206 (Fla. 1st DCA 2009); Varitimidis v. Walgreen
Co./Sedgwick Claims Mgmt. Services, Inc., 58 So. 3d 406, 407–08
(Fla. 1st DCA 2011); Sanchez v. Am. Airlines, 169 So. 3d 1197, 1198
(Fla. 1st DCA 2015). See Fla. R. App. P. 9.331(a) (allowing for en
banc hearings if “necessary to maintain uniformity in the court’s
decisions”).
2
The Office of the Judges of Compensation Claims took up the
matter and, by agreement of the parties, held a first-step final
hearing, focusing upon the timeliness of Estes’s petition and the
proper application of the limitations and tolling provisions in
§ 440.19. The PFB had been filed more than two years after the
accident and more than a year after the furnishment of the last
compensation benefit. And so, the Judge of Compensation Claims
(JCC) followed the statute-of-limitations approach from Best,
Philip, and similar precedents and concluded that § 440.19(1)’s
two-year statute of limitations had lapsed after having never been
suspended or abated by operation of § 440.19(2). Instead, the final
order concluded that § 440.19(2) had gained Estes a discrete
extension to file her claim calculated one year from the date on
which she last received treatment or benefits from the E/C. The
JCC’s Final Order thus dismissed with prejudice Estes’s entire
PFB on statute of limitations grounds. The Final Order
alternatively considered Estes to have raised compensability
issues, to which the tolling provision in § 440.19(2) doesn’t apply.
Estes subsequently appealed and argued that the tolling
provision had been incorrectly interpreted and applied. In Estes’s
view, § 440.19(2) suspended the original two-year statute of
limitations clock for a substantial period, such that her PFB was
filed well within the applicable statutory deadline and shouldn’t
have been dismissed as untimely. More specifically, because the
E/C had furnished Estes care and benefits for sixteen months,
starting almost immediately after her injury until January 2023,
those benefits tolled—meaning suspended or abated—the running
of § 440.19(1)’s two-year limitations clock until one year after the
E/C furnished her last treatment and benefits. And so, the two-
year limitations clock didn’t even begin running again until the
expiration of the separate one-year tolling clock established by
§ 440.19(2), which was January 2024 at the soonest. Consequently,
due to the tolling, Estes claimed to have most of the original two-
year limitations period still intact when she filed her PFB in June
2024.
3
II.
A.
This case requires us to decide whether the E/C’s provision of
workers’ compensation treatment or benefits suspends the
running of the two-year statute of limitations in § 440.19. Estes
argues that her June 2024 petition for benefits was timely filed
because her receipt of injury-related benefits through January
2023, suspended § 440.19(1)’s two-year limitations clock until one
year after she received the last benefits and then resumed running
in January 2024 (which gave her until January 2026 to file her
PFB). Whereas the E/C views the two-year statutory limitations
period to have never been stopped after the date of the accident,
except that claimant got the benefit of a separately running one-
year extension, which ran past the end of the limitations period,
ending one year after receiving her last treatment or benefits in
January 2023 (which gave her only until January 2024 to file a
PFB). 2
The history of legislative revisions to § 440.19 is relevant to
analyzing the parties’ competing statute-of-limitations arguments.
Starting in 1994, the Legislature changed the text of the operative
statute of limitations provision in § 440.19 from an extension-
based regime to a tolling-based one. Before 1994, the pertinent text
stated as follows:
(a) The right to compensation for disability,
rehabilitation, impairment, or wage loss under this
chapter shall be barred unless a claim therefor which
meets the requirements of paragraph (e) is filed within 2
years after the time of injury, except that, if payment of
compensation has been made or remedial treatment or
rehabilitative services have been furnished by the
2 Estes also argued on rehearing before the JCC that her
limitations period extended even further because payments for her
benefits were made by the E/C on a later date. We see, however,
no error in the JCC’s rejection of that argument on preservation
grounds.
4
employer on account of such injury, a claim may be filed
within 2 years after the date of the last payment of
compensation or after the date of the last remedial
treatment or rehabilitative services furnished by the
employer. This limitations period shall not be tolled or
extended by the failure of the employer or carrier to file a
notice of injury. . .
(b) All right for remedial attention under this section
shall be barred unless a claim therefor which meets the
requirements of paragraph (e) is filed with the division
within 2 years after the time of injury, except that, if
payment of compensation has been made or remedial
attention or rehabilitative services have been furnished by
the employer without an award on account of such injury,
a claim may be filed within 2 years after the date of the
last payment of compensation or within 2 years after the
date of the last remedial attention or rehabilitative
services furnished by the employer; and all rights for
remedial attention or rehabilitative services under this
section pursuant to the terms of an award shall be barred
unless a further claim therefor is filed with the division
within 2 years after the entry of such award, except that,
if payment of compensation has been made or remedial
attention or rehabilitative services have been furnished
by the employer under the terms of the award, a further
claim may be filed within 2 years after the date of the last
payment of compensation or within 2 years after the date
of the last remedial attention or rehabilitative services
furnished by the employer. However, no statute of
limitations shall apply to the right for remedial attention
relating to the insertion or attachment of a prosthetic
device to any part of the body. . .
§ 440.19(1)(a)−(b), Fla. Stat. (1993) (emphases added).
Under this pre-1994 regime, the Florida Supreme Court
consistently treated the highlighted language as an extension of
the statute of limitations as opposed to a suspension of it. See
Sargent v. Evening Indep., Inc., 62 So. 2d 58, 60 (Fla. 1952);
Watson v. Delta Airlines, Inc., 288 So. 2d 193, 196 (Fla. 1973)
5
(“Thus, on the dual basis of 1) ‘remedial’ attention having been
voluntarily furnished within the two years required by the same
exceptions within the two statutes, and 2) compensation
voluntarily paid ‘without an award’ also within such two years, the
claimant falls within the statutory exceptions in s 440.13(3)(b) and
s 440.19(1)(a) and is within such ‘extended’ two year statute of
limitations as a basis for recovery.” (emphasis added)); cf. Daniel
v. Holmes Lumber Co., 490 So. 2d 1252, 1256 (Fla. 1986) (“Yet in
the case of sections 440.13(3)(b) and 440.19(1)(a) no ambiguities
exist. These statutes unequivocally state that so long as an
employee files a claim within two years of the last voluntary
compensation payment or dispensation of remedial treatment
made without an award the claim is timely. Neither statute
contains any reference whatsoever to the relevance of a two-year
gap in time.”) (citations omitted); Holder v. Keller Kitchen
Cabinets, 610 So. 2d 1264, 1267 (Fla. 1992) (“This provision has
since been redesignated section 440.19(1)(a). This amendment
removed the limitation restricting the exception to the two-year
limitation period for filing a claim for compensation to situations
where payment of compensation or remedial treatment was
voluntarily provided. Thus, under the plain language of the
amendment, the extension of the limitations period applies where
payment of compensation or remedial treatment has been provided
either voluntarily or pursuant to an order. Amendments, such as
this, that lengthen the limitation period for filing a claim apply to
claims that are viable at the time of the amendment.” (emphasis
added) (citations omitted)). And so, with each new payment or
treatment came a fresh two-year extension of the limitations
period, leaving the original two-year period completely in its wake.
This court also treated the prior language as either an
extension of the limitations period or, similarly, a revival of the
limitations period. See Iuen v. Live Wire Elec. Co., 538 So. 2d 1312,
1313 (Fla. 1st DCA 1989) (“Voluntary payment for remedial
attention revives the two year limitation period, even if a two year
period without compensation payments or remedial attention has
already passed.”); Roe v. City Inv./Gen. Dev. Corp., 587 So. 2d
1323, 1324, 1325 (Fla. 1991) (“Hence the statute in its present form
unambiguously states that a claimant is entitled to disability if a
claim is filed within two years of the last remedial treatment. We
therefore hold that a claim for disability is not time-barred, despite
6
a two-year gap between the injury and the claim, so long as the
claim is filed within two years after the last remedial treatment.”);
Bell v. Com. Carriers, 603 So. 2d 683, 685 (Fla. 1st DCA 1992)
(“Under the clear language of the statute, the fact that the
employer may not have intended to voluntarily provide remedial
treatment and thus revive the statute of limitations for the 1981
injury is not controlling. Remedial treatment need not be
voluntary in order to revive the statute. The critical question is
whether the claimant has filed a claim within two years of the last
compensation payment or remedial treatment causally related to
a compensable injury.” (emphasis added) (citations omitted)).
But in 1994 the Legislature tightened the statute of
limitations provision in § 440.19, by pivoting to a tolling regime
that fixed the two-year period in subsection (1) altogether as the
ultimate basis for calculating the limitations period when benefits
are provided. It stated:
(1) Except to the extent provided elsewhere in this
section, all employee petitions for benefits under this
chapter shall be barred unless the employee, or the
employee’s estate if the employee is deceased, has advised
the employer of the injury or death pursuant to s.
440.185(1) and the petition is filed within 2 years after
the date on which the employee knew or should have
known that the injury or death arose out of work
performed in the course and scope of employment.
(2) Payment of any indemnity benefit or the furnishing of
remedial treatment, care, or attendance pursuant to
either a notice of injury or a petition for benefits shall toll
the limitations period set forth above for 1 year from the
date of such payment. This tolling period does not apply
to the issues of compensability, date of maximum medical
improvement, or permanent impairment.
(3) The filing of a petition for benefits does not toll the
limitations period set forth in this section unless the
petition meets the specificity requirements set forth in s.
440.192.
7
§ 440.19(1)−(3), Fla. Stat. (1994) (emphases added).
Using the word “toll” to establish a “tolling period” departed
from the previous statute’s “except[ion]” and extension of the
limitations period. The revision reined in a previously more
claimant-friendly regime that gave claimants rolling two-year
extensions of the limitations period. Under the revised statute, the
original term would remain the base two-year limitations period
for seeking benefits but would allow for qualifying events to “toll”
the two-year period for a year.
The Legislature did not define “toll” in the revised statute. We
must do so here because our past cases have not given it proper
effect. “Toll” is a legal term with an established, ordinary meaning.
See Debaun v. State, 213 So. 3d 747, 751 (Fla. 2017) (quoting Sch.
Bd. of Palm Beach Cnty. v. Survivors Charter Sch., Inc., 3 So. 3d
1220, 1233 (Fla. 2009) (“Where, as here, the [L]egislature has not
defined the words used in a [statute], the language should be given
its plain and ordinary meaning.” (alterations in original)).
Dictionaries can supply the “best evidence” of ordinary meaning.
Conage v. United States, 346 So. 3d 594, 599 (Fla. 2022). Where
“toll” is used in the context of a statutory limitations period,
dictionaries define it as meaning “to suspend or stop temporarily
as the statute of limitations is tolled during the defendant’s
absence from the jurisdiction and during the plaintiff’s minority.”
Black’s Law Dictionary 1488 (6th ed. 1990); see also Black’s Law
Dictionary 1495 (7th ed. 1999) (defining “toll, vb. . . . 2. (Of a time
period, esp. a statutory one) to stop the running of; to abate <toll
the limitations period>”); Hankey v. Yarian, 755 So. 2d 93, 95 n.3
(Fla. 2000) (citing the Black’s Law Dictionary definition of “toll” in
a statute of limitations case); Sheffield v. Davis, 562 So. 2d 384,
386 (Fla. 2d DCA 1990) (describing the “plain and obvious”
meaning of “toll” in accordance with various contemporaneous
dictionary definitions and cases); cf. Artis v. D.C., 583 U.S. 71, 80–
81 (2018) (defining “tolling” to effect a suspension of the limitation
period’s running, a suspension that can be lifted, prompting the
period to “start[] running again when the tolling period ends,
picking up where it left off”).
8
That “toll” means “suspend,” “stop temporarily,” or “abate” in
subsection (2) can also be deduced from §440.19’s description of
tolling under subsection (5). There, if a person is
a minor, the limitations period is tolled while that person
has no guardian or other authorized representative, but
the period shall begin to run . . . in the case of a minor, if
no guardian is appointed before the minor becomes of age,
from the date the minor becomes of age.
§440.19(5), Fla. Stat. (2021) (emphases added). This subsection
works by having the tolling “suspend” the two-year limitations
period from subsection (1) and remain stopped (for years
potentially) before it “begin[s] to run” again after the stated
condition occurs—the minor becomes of age. Conversely,
subsection (5) does not toll by adding time as the E/C argues. For
example, the limitations period in subsection (5) wouldn’t be
calculated in the case of a guardian-less, fifteen-year-old claimant
by simply granting a three-year extension until the coming-of-age
date and then ending the limitations clock on the eighteenth
birthday. See § 743.07, Fla. Stat. (removing the disability of nonage
at age eighteen). Rather, subsection (1)’s two-year-limitations-
period clock is “tolled,” or suspended, by subsection (5) until the
guardian-less minor comes of age, at which time the claimant gets
two years to file a claim (until age 20). See Benton v. ICR Electric,
852 So. 2d 295, 296 (Fla. 1st DCA 2003) (holding that “[e]ven if the
petition for benefits was filed more than two years after the death
of the claimant, a minor’s claim would not be barred by the statute
of limitations . . . [because] the limitations period . . . will not begin
to run until a guardian or representative is appointed or until they
reach the age of majority”). In view of how tolling works in
subsection (5), we cannot interpret it to mean something different
in subsection (2).
Use of the dictionary definition of “toll” finds additional
support in contemporaneous, 1990’s-era Florida Supreme Court
interpretations of other statutes of limitations provisions. Just one
year before the revision to §440.19(2) took effect, the Florida
Supreme Court discussed how “extension” and “tolling” create
different effects on the running of limitations periods. In Tanner v.
Hartog, 618 So. 2d 177 (Fla. 1993), for example, the court
9
explained, albeit in dicta, that section 766.106(4), Florida Statutes,
which deals with medical malpractice actions, tolls the statute of
limitations for at least 90 days when a prospective claimant
notifies each prospective defendant of an intent to initiate
litigation. Id. at 182-83. Following the 90-day period, the new
statute of limitations deadline would be calculated based on “the
time that was remaining in the limitations period” when the 90-
day period began (unless less than 60 days remained, in which case
the deadline would be in 60 days). Id. at 183-84. The court’s
recognition of “the time that was remaining” shows that “toll” in
1994 meant to “suspend” the running of the limitations clock until
the tolling period ends.
Six years after the 1994 revisions to §440.19, the Florida
Supreme Court reiterated that the “PLAIN MEANING” of the
word “toll” in a statute-of-limitations context was “routinely and
consistently interpreted as suspending the running of the statute
of limitations time clock until the identified condition is settled.”
Hankey, 755 So. 2d at 96–97 (citing district court cases from 1991
and 1995). The Court then applied this plain meaning of “toll” to
the same medical malpractice statute discussed in Tanner:
“Because the word ‘toll’ has been consistently used by the
Legislature and interpreted by the courts to mean ‘suspend’ when
used in a statutory limitations context, we conclude that it was
intended to have the same meaning in section 766.106(4).” Id. at
97. The discussion in Hankey also makes clear that, in Florida, an
“extension” of a limitations period and a “tolling” of a limitation
period are different concepts, such that there is significance to the
Legislature’s choice between these terms in the limitations
context. The Court explained as follows:
Section 766.106(4) of the statutory scheme also provides
that if there are less than sixty days remaining to file suit
before the end date of the original two-year limitations
period at the time the claimant filed the notice of intent
to initiate litigation, then the claimant shall have sixty
days from the time when the notice of termination of
negotiations is received by him to file suit. If, however,
there were more than sixty days remaining to file suit
before the end date of the original two-year limitations
period when the claimant filed the notice, then the
10
claimant only has the time remaining in the original two-
year period to file suit. This provision provides additional
time to the limitations period separate and apart from the
ninety days of tolling, but only in the limited
circumstances set out in the statute where less than sixty
days remain to file suit at the time the claimant files the
notice of intent.
Id. (emphasis added); see also id. at 98 (agreeing that “the
‘extension’ provided for under section 766.104(2) is a genuine
extension of time to be added to the limitations period, rather than
a tolling (suspension) as provided for under section 766.106(4). . . .
Hence, this time period is to be tacked on to the end of the
limitations period and does not run simultaneously with the
separate ninety-day tolling period provided in section 766.106(4).”)
(emphases added).
We likewise conclude here that the same term “toll,” added to
§ 440.19(2) in 1994, carries the exact meaning discussed in Tanner
and Hankey. In other words, tolling operates by “interrupt[ing] the
running of the statutory limitations period, the statutory time is
not counted against the claimant during that . . . period. In
essence, the clock stops until the tolling period expires and then
begins to run again.” Hankey, 755 So. 2d at 97. The continuing
interaction of the two time-periods set forth in § 440.19(2)— “shall
toll the limitations period set forth above for 1 year”—reveals the
Legislature’s intention to fix the limitations period set forth in
subsection (1) as the base period with suspensions of its clock
triggered by qualifying tolling events.
This court’s previous decisions, on the other hand, erred by
not interpreting and applying the tolling provision in §440.19(2)
according to this plain meaning. In Orange County School Board
v. Best, 728 So. 2d 1186, 1188 (Fla. 1st DCA 1999), for instance, we
faced the issue of whether the one-year tolling period superseded
the two-year limitation period. We proceeded to conflate the
definitions of “toll” and “extend” in pronouncing that the two-year,
original statute of limitations period could not be stopped. We
decided that the limitations period could only be extended under
subsection (2) for a discrete one-year period running from the date
that benefits were provided: “A petition is timely if filed within two
11
years of the date of accident or, even thereafter, if filed within one
year of the last date the petitioner received medical treatment or
indemnity benefits.” Id. (emphasis added); see also id. at 1187 (“We
read section 440.19(1), Florida Statutes (1995), as the statute of
limitations generally applicable in workers’ compensation cases,
subject to the exceptions—which extend the limitations period in
certain circumstances—set out in the other subsections of section
440.19. . . . Subsections that follow subsection (2) can have no effect
other than to extend the two-year statute of limitations set out in
section 440.19(1), Florida Statutes (1995).” (emphasis added)). By
conflating the concepts of tolling and extending time, we concluded
that “Section 440.19(2) has no practical effect until after the two-
year period provided for in section 440.19(1) expires. As long as the
petition is timely under either section 440.19(1) or section
440.19(2), the statute of limitations is no bar.” Id. (emphases
added). Our court has repeated this interpretative error ever since.
In Philip, for example, we settled for a reference to legislative
intent and simply concluded that our construction was a “more
reasonable one.” 746 So. 2d at 1182 (reading the new term “toll” as
having “the effect of extending the limitations period”);
Medpartners/Diagnostic Clinic Med. Grp., 23 So. 3d at 204
(referring to the term “toll” as meaning “toll or extend” (emphasis
supplied)); Varitimidis, 58 So. 3d at 407–08; Sanchez, 169 So. 3d
at 1198 (treating “toll” as meaning “extend”).
Our duty, however, is to faithfully apply the plain and
ordinary meaning of the enacted text. We discharge that duty now
by interpreting the term “toll” in § 440.19(2) in accordance with its
accepted meaning to suspend or stop temporarily the limitations
period provided in subsection (1). This outcome honors the express
relationship established between the limitations period and tolling
period prescribed by subsection (2). It also brings this law into
conformity with the other limitations provisions in Florida law
that establish time-certain tolling periods, such as § 766.106(4),
discussed above (setting a ninety-day tolling period for some
medical malpractice claims), and § 624.155(3)(e) (setting a sixty-
day period for some insurance claims). Under each of these
provisions, like with § 440.19, parties must manage two important
statutory clocks that run separately: the limitations-period clock
and the tolling clock. Cf. Stimpson v. Ford Motor Co., 988 So. 2d
1119, 1121 (Fla. 5th DCA 2008) (quoting 135 Fla. Jur. 2d
12
Limitations and Laches § 87 (2008) (describing tolling of a
limitations period to be “analogous to a clock stopping and then
restarting”). And so, here, under § 440.19, after an employee
knows or should have known of a qualifying workplace injury, the
two-year limitations-period clock begins to run. But then, if an E/C
provides benefits after the injury, the limitations-period clock is
stopped while the one-year tolling clock begins running (and then
restarts after every subsequent provision of a benefit). The
limitations-period clock restarts again one year after the provision
of the last benefit. In this way, tolling in § 440.19 accords with how
tolling statutes normally work; it “suspend[s] the running of the
statute of limitations time clock until the identified condition is
settled.” Hankey, 755 So. 2d at 96.
Applying the law to the situation here, the parties agreed that
Estes received many workers’ compensation benefits for injuries
starting within two days of her workplace accident in 2021 for a
period extending through January 2023. As a result, the one-year
tolling clock promptly stopped the running of the two-year
limitations-period clock after the accident until one year after
Estes received last of these benefits—through at least January
2024. And so, when Estes filed her PFB in June 2024 (seeking a
one-time physician change and benefits for the same injuries), she
was only about six months into the running of the two-year
limitations-period clock. In other words, the date of her PFB fell
squarely within the running of the two-year limitations-period
clock, which wouldn’t have expired until January 2026 under these
facts. For this reason, we set aside the final order’s dismissal of the
petition.
In reaching this result, we respectfully acknowledge the
arguments of our dissenting colleagues on the issue of what tolling
means. They assert that we shouldn’t depart from the previous
cases and that the use of “tolling” in the 1994 revision to subsection
(2) didn’t alter the mechanics of the old extension-based regime.
They point out that our court at times even characterized the pre-
1994 extension regime as “tolling” the limitations period. And
then, citing “the well-established rule of statutory construction
that the Legislature is presumed to be cognizant of relevant
judicial decisions when enacting statutes,” they assert that
statutory construction canons require us to continue elevating our
13
incorrect interpretation of §440.19(2) over its plain and ordinary
meaning. Potter v. Potter, 317 So. 3d 255, 258 (Fla. 1st DCA 2021).
But the prior-construction canon would not apply here.
Although some of our cases referred to “tolling” under the pre-1994
limitations period regime, none of them interpreted the term itself,
or supplied a definition of “toll” for the Legislature to latch onto.
So that from our sporadic use of “tolling” in the old cases, we can
hardly ascribe an intention by the Legislature to abandon its plain
meaning and adopt an unconventional definition that our court
never adopted prior to the statutory revision. See Antonin Scalia
& Bryan A. Garner, Reading Law: The Interpretation of Legal
Texts 322 (2012) (explaining that the prior-construction canon
applies when the word or phrase has received “authoritative
construction” by the highest court or “uniform construction” by
inferior courts).
The dissenters’ definition of tolling also fails to account for the
Legislature’s pivot in the 1994 revision to language that crafted
limitations-period primacy in the basic two-year statute of
limitations in subsection (1). The Legislature didn’t just use the
new word “toll” in § 440.19(2) and leave the statute otherwise
intact. Rather, it abandoned a regime that previously discarded
the base two-year statute of limitations in long-term-injury/benefit
situations in favor of extending a wholly discrete series of rolling
two-year limitations periods. The revised statute went in another
direction. It called for establishing a durable two-year limitations
period to serve as the ultimate clock and basis in every case,
subject to intermittent stoppages: “Payment . . . or the furnishing
of [any benefit] . . . shall toll the limitations period set forth above
for 1 year from the date of such payment.” § 440.19(2), Fla. Stat.
(emphasis added). Under this revised § 440.19(2) regime, tolling is
always accomplished in reference to the subsection (1) limitations
period, which controls as the ultimate arbiter of time. Once the
“limitations period set forth above” has run, there is nothing left to
toll and tolling becomes unavailable. Conversely, the dissenters’
view of tolling promptly displaces “the limitations period set forth
above” two years after the workplace injury and resurrects the
legislatively replaced successive-extension model by giving a series
of rolling one-year extensions to claimants in long-term-
injury/benefit situations without regard to the limitations period
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in subsection (1). Because the dissenters’ view abandons the
Legislature’s express intention in subsection (2) to have tolling
anchored by reference to the subsection (1) limitations period, we
must reject it.
We also aren’t convinced that the dissenters’ economic
argument proves that its interpretation is the correct one. While
we acknowledge that the Legislature’s 1994 revision stemmed
from fiscal troubles with Florida’s workers’ compensation system,
both the majority’s and dissenters’ interpretations here appear to
improve the economics of the prior system (though no record
evidence specifically addresses the economics of either approach).
The dissenters’ hypothesis and chart notwithstanding, it isn’t for
us to decide statutory interpretation questions based upon the
economics of things if the plain text of the law fails to support that
result. And so here, we must heed the Legislature’s decision to
craft a tolling provision that establishes the subsection (1)
limitations period as the master clock over the possibility that the
dissenters’ interpretation may be a less costly regime.
Finally on the tolling issue, we understand the dissenters’
stare decisis-based preference for us to stick with our previous
wrongly decided § 440.19(2) cases. But here “we have chosen to
reassess a precedent and have come to the conclusion that it is
clearly erroneous.” State v. Poole 297 So. 3d 487, 506-07 (Fla.
2020). Now, “[t]he proper question becomes whether there is a
valid reason why not to recede from that precedent.” Id. (emphasis
in original). The critical consideration here is reliance. Id. Poole
instructs that reliance interests are at their lowest in cases
“involving procedural . . . rules,” which is exactly what is at stake
with § 440.19’s statute of limitations regime. With low-stakes
reliance interests in view, we must elevate the goals of correctly
interpreting § 440.19’s limitations-period regime, which vindicates
the Legislature’s preferred parameters for this regime. We
therefore hold en banc that the tolling provision in § 440.19(2)
suspends or stops temporarily the limitations-period clock
established in subsection (1), instead of extending separate one-
year limitations periods for claimants to file claims in these cases.
B.
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In reaching this conclusion, we likewise reject the E/C’s
alternative argument that characterizes this whole case as one big
compensability issue to which § 440.19(2)’s tolling provision
doesn’t apply. While it is true that tolling under § 440.19(2) doesn’t
apply to the issue of compensability, here, the compensability of
Estes’s original trip-and-fall injuries was settled long ago and isn’t
at issue. There has been no evidence presented—to this point at
least—that this case involves any different injury or accident to
which a separate compensability determination might apply. And
Estes needn’t re-establish the compensability of the same injuries.
See Meehan v. Orange County Data & Appraisals, 272 So. 3d 458,
461 (Fla. 1st DCA 2019) (discussing how “once a claimant has
established compensability of an injury . . . the E/C cannot
challenge the causal connection between the work accident and the
injury [but] may only question the causal connection between the
injury and the requested benefit”). We must be careful here not to
“[blur] the distinction between compensability and entitlement to
benefits.” Checkers Rest. v. Wiethoff, 925 So. 2d 348, 349–50 (Fla.
1st DCA 2006); Pinellas Cnty. Transit Auth. v. Jackson, 424 So. 3d
984, 986 (Fla. 1st DCA 2025 (specifying that “[c]ompensability
involves the work-place-related existence and cause of an injury
and not benefits-entitlement issues”).
Under the facts here, the E/C accepted compensability of
Estes’s workplace injuries immediately after the accident and then
paid for treatment and benefits for sixteen months. See
§ 440.34(3)(c), Fla. Stat. (1994) (referring to the “issue of
compensability” where “a carrier or employer denies that an
accident occurred for which compensation benefits are payable”).
In turn, the E/C conceded Estes’s injury to be “accepted as
compensable” in the pretrial stipulation in this case: it marked “X”
in “Yes” box and left the “No” box empty. It also agreed that the
following injuries or conditions are accepted as related to the
accident: “E/C/SA: Exacerbation of the Right Knee” (while the E/C
also noted, fairly enough, that it “has not accepted compensability
for those conditions deemed to be unrelated, pre-existing or
degenerative in nature and/or barred by the Statute of
Limitations”). On the average weekly wage issue the parties’
pretrial stipulation differed only as to the amount involved: Estes
claimed a base wage of $1527.30, and the E/C claimed $1112.56.
And so, the parties agreed that Estes’s PFB involved already-
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compensable injuries, even if the parties differed about her right
to (and the amount of) specific benefits associated with these
injuries.
Of course, the JCC put to the side all the substantive issues
in this case, so we know very little about Estes’s claims. The only
issue teed up by the parties’ stipulation was the E/C’s statute of
limitations defense and how § 440.19(2)’s tolling provision applied
(both parties agreed that it applied). According to the E/C’s
stipulation:
The [E/C] established a prima facie case that the PFB is
barred by the Statute of Limitations as the date of the
accident was over two years ago on 9/30/2021; the last
medical provision provided to the Claimant was on
1/26/2023. Therefore the SOL expired on 1/26/2024. The
Claimant’s PFB was not filed until 6/13/2024.
With this stipulation the E/C conceded that the tolling provision
applied here to extend the statute of limitations to 1/26/2024, but
no further. And so, both sides agreed that the tolling provision
applied here, just for different periods based on their different
interpretations of “toll.” This is different from the dissenters’ view
of compensability that the tolling provision never applied here.
We acknowledge the dissenters’ repeated assertions that
Estes made pivotal stipulations about compensability that totally
control this case. But the record doesn’t show it. We can find no
such stipulation from Estes. Consider the PFB. Estes listed eight
claims stemming from her compensable accident and injuries. She
sought various indemnity benefits, a one-time-change of her
orthopedic physician “to evaluate and treat claimant’s work-
related injuries,” attorneys’ fees and costs, and “authorization and
determination of financial responsibility” of claimant’s knees and
right wrist (original injuries). Even if these benefit claims might
require a major contributing cause analysis to determine Estes’s
entitlement to additional benefits, they do not resurrect the long-
settled compensability issue.
We also understand that Estes’s PFB stated a ninth, single
claim for “compensability” apparently covering the already-
17
accepted knees and wrist. But the scope of this claim hasn’t been
fleshed out in the record because the JCC didn’t take evidence or
address any substantive claims. This claim was asserted against a
backdrop of the E/C accepting and providing extensive benefits for
17 months before filing a notice of denial of compensability and
unilaterally declaring that Estes