Fla. PFBs, Attorney’s Fees, & the Statute of Limitations

Caselaw Roundup

For those who read about the Florida worker who ran into statute of limitations troubles on his workers' compensation claim learned that a pending request for attorney's fees wouldn't toll, or pause, the clock to keep the statute from running against the worker's claims.

In that case, a concurring judge analyzed the caselaw surrounding the issue, and we highlight it here.

McBride Pratt & Whitney, 909 So. 2d 386 (Fla. 1st DCA 2005)

If no PFB is pending the limitation statute is “not tolled during the period that the dismissed action was pending; rather, the statute will run as if the dismissed action had never been filed.”

Rice v. Reedy Creek Improvement District, 924 So. 2d 882 (Fla. Dist. Ct. App. 2006)

When a claimant files multiple PFBs for the same date of accident, as long as at least one petition remains pending at all times between the filing of the first petition and the hearing on the last petition filed, the voluntary dismissal of the initial PFB does not render the later-filed PFBs untimely.

Longley v. Miami-Dade County School Board, 82 So. 3d 1098 (Fla. Dist. Ct. App 2012) and Black v. Tomoka State Park, 106 So. 3d 973 (Fla. Dist. Ct. App. 2013)

A PFB filed before the resolution of a pending claim for entitlement to attorney's fees was not barred by the SOL because the SOL does not operate while a PFB is pending.

Sanchez v. American Airlines, 169 So. 3d 1197 (Fla. Dist. Ct. App. 2015)

Payment of attorney's fees does not toll the one-year limitations period. It is only the payment of compensation or the furnishing of medical care that extend the SOL.

Limith v. Lenox on the Lake, 163 So. 3d 616 (Fla. Dist. Ct. App. 2015)

Where jurisdiction was reserved over entitlement to fees and costs, those fee and cost
claims were subject to dismissal for lack of prosecution. The court reasoned, “Claimant cannot have it both ways—having the claim for attorney's fees and costs toll the statute of limitations because it was brought by way of a PFB and also having the claim not subject to dismissal for lack of prosecution because it was not a PFB.”

Hospitals East, LLC v. Hampton, 330 So. 3d 565 (Fla. Dist. Ct. App. 2021)

A reservation over amount of fees and costs does not toll the statute of limitations, because amount and entitlement are distinct for fees and costs.

Moise v. Disney Pop Century Resort, 244 So. 3d 403 (Fla. Dist. Ct. App. 2018)

If a pending claim that serves to toll the SOL is dismissed by any means, the SOL is not tolled during the period that the dismissed action was pending.

American Airlines Group v. Lopez, 388 So. 3d 843 (Fla. Dist. Ct. App. 2024)

“Pending” status of a PFB is an element of jurisdiction, while “tolling” is a separate legal doctrine that delays the time limits for pursuing or continuing a lawsuit. Section 440.19(2) specifies only two tolling events: “payment of any indemnity benefit or the furnishing of remedial treatment, care, or attendance.” The JCC had jurisdiction to resolve an attorney's fee issue, but once he did, all outstanding claims were resolved and the PFB was no longer pending. That did not toll the statute of limitations as to indemnity payment or remedial treatment.

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