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Millican v. General Motors Corp.11/1/2000
lding in Causby, supra, we find the facts of the instant case to be distinguishable. In Causby, the adjuster informed the injured worker (who had been receiving compensation benefits) that he was entitled to no further benefits. The supreme court held that the employee, rather than being lulled into a false sense of security, was instead put on notice that he needed to hire an attorney and file suit within the established time periods. Causby, 707 So.2d at 27.
In the case sub judice, General Motors set up an integrated disability/activity system which administers all claims of workers seeking benefits, whether those claims be for accident/sickness and/or workers' compensation. Under this system, an injured employee receives $500 per week, regardless of whether his claim is ultimately determined to be one for workers' compensation rather than sickness/accident benefits. To compound matters, Millican's assigned adjuster, in denying his entitlement to workers' compensation benefits, made affirmative statements which led him to believe that he had already instituted a formal claim for compensation benefits and that he was simply filing an "appeal" with the OWC.
Without addressing the issue of whether the "Statement of Rights" information sheet provided by the OWC is in fact misleading and subject to misinterpretation by potential claimants, we note that, unlike the injured worker in Causby, supra, Millican did not "sit on his rights indefinitely." Instead, as soon as Ms. McIntosh informed him of his need to "appeal" her denial with the OWC, Millican contacted that office and requested information to begin that process.
Under these particular facts and circumstances, we find that General Motors is estopped from disputing the timeliness of Millican's claim.
Conclusion
For the reasons set forth above, the judgment of the workers' compensation judge is AFFIRMED. Costs are assessed to defendant- appellee, General Motors Corporation.
AFFIRMED.
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