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Florida court reinterprets comp tolling, revives claim filing window - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Florida court reinterprets comp tolling, revives claim filing window by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Mar 25, 2026 A Florida appellate court on Monday set aside a judge of compensation claims’ dismissal of a worker’s benefits petition, holding that the state’s workers compensation statute of limitations is tolled — or suspended — when an injured employee receives benefits, rather than merely extended for a fixed period. In Nancy Estes v. Palm Beach County School District et al. , the First District Court of Appeal ruled that the tolling provision in state law pauses the running of the two-year limitations period while benefits are being provided, and for one year after the last payment. The case involved Nancy Estes, a teacher who was injured in a workplace fall in September 2021. Her employer and its claims administrator paid medical and indemnity benefits through January 2023 before denying further care. Estes filed a petition for benefits in June 2024, which a judge of compensation claims dismissed as untimely. Reversing that decision, the appellate court found that prior interpretations of the statute had improperly treated tolling as a one-year extension rather than a suspension of the limitations clock. The court said the plain meaning of “toll” is to “suspend, stop temporarily, or abate” the running of the limitations period, allowing the clock to resume after the tolling period ends. Applying that interpretation, the court held that the two-year limitations period was paused while Estes received benefits and did not begin running again until one year after the last payment in January 2023. As a result, her June 2024 petition was filed well within the allowable time. The ruling expressly recedes from decades of prior case law that treated the tolling provision as creating a separate one-year filing window following the last provision of benefits. The court also rejected the employer’s argument that the case involved issues of compensability — which are excluded from tolling — finding instead that the underlying injury had already been accepted as compensable and the dispute concerned entitlement to additional benefits. 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