Pomerantz v. Palm Beach County, 131 So. 3d 823 (Fla. 1st DCA 2014)

The Claimant argued that the statute of limitations was tolled for one year after she last took prescribed medication from an authorized doctor (she alleged March 2012), even though the prescription was filled in July 2011. However, the JCC ruled that the statute of limitations was tolled for one year after the claimant had been furnished the prescribed medication from an authorized doctor (July 2011) and, therefore, ruled that the PFB filed October 2012 was barred by the statute of limitations. The Court held that the JCC did not err and noted that ruling otherwise would be contrary to the self-executing nature of the statute, especially where the “course of treatment is completely within the Claimant’s discretion and outside the knowledge of the Employer/Carrier”.