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Channel: statute of limitations Archives - WorkComp Writer
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New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay...

The Supreme Court of New Mexico recently held that a death benefits claim filed by the widow of an off-duty police officer, who drowned while rescuing a twelve-year-old boy from the Rio Grande, could...

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Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim...

In a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’ Compensation Act...

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West Virginia High Court Crafts Narrow Exception to 6-Month Statute of...

The Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not have learned through...

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Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations

In Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann., Lab. & Empl. §...

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Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22

The widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive remedy was within the...

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Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of...

Applying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably...

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Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22”

In a deeply divided decision, the Supreme Court of Arkansas recently held that a wrongful death action filed against a deceased worker’s employer was barred by the exclusive remedy provisions of the...

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29-Month Delay in Filing North Dakota Claim Bars Recovery

The Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore, no compensation could be...

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Kansas Court of Appeals Jettisons 82-Year-Old Supreme Court Precedent

Employer’s Payment of Medical Charges Revives Expired Statute of Limitations Reversing the state’s Workers’ Compensation Board, which had relied upon what it thought was established precedent (i.e., a...

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Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies...

In a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19, 2019)[see my post of...

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Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of...

Faced with a direct conflict between two statutes of limitation, the first [ORS 30.275(9)] indicating that “notwithstanding any other … statute providing a limitation on the commencement of an action,”...

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Notation in Montana Security Guard’s Daily Log Re: Altercation With Unruly...

A notation in a Montana security guard’s daily log that he had been involved in an altercation with an unruly patient at the clinic to which he was assigned and that he had sustained five “hits,” was...

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Wyoming High Court Says Both Employer and Division of Workers’ Compensation...

In a complex case, with procedural twists and turns, the Supreme Court of Wyoming reversed a finding that an employee’s claim for workers’ compensation benefits was barred because he failed to file a...

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Colorado Employer’s First Report of Injury and Other Preliminary Filings Do...

In Colorado, the statute of limitations applicable to the state’s Workers’ Compensation Act [Colo. Rev. Stat. § 8-43-103(2)] is not tolled by the filing of the employer’s first report of injury nor...

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Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does...

Where a Virginia police officer in 2009 and 2010 signed acknowledgments that he had received a copy of Virginia’s special heart-lung presumption favoring police officers and certain others, the state’s...

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KY Widow Awarded Benefits For Husband's Death More than 10 Years After Injury

The Supreme Court of Kentucky, affirming an earlier decision by the state's Court of Appeals, held a widow was entitled to statutory income benefits under KRS 342.750(1)(a), in spite of the fact that...

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Medical Provider's Decision to Bill Medicare, Rather than Carrier, Results in...

The Court of Appeals of North Carolina affirmed a decision by the state’s Industrial Commission that denied additional medical benefits claimed by an injured worker on statute of limitations grounds...

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Florida First Responder’s PTSD Claim is Untimely Filed

A Florida appellate court held the 52-week filing requirement found in § 112.1815(5)(d), Fla. Stat., operated as a statute of repose, and not as a statute of limitations. Under the statute, the 52-week...

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Sunday Doesn’t Count for PA’s 120-day Notice to Employer Even if It’s Open...

The 120-day period for providing notice of injury to the employer found in Section 311 of the Pennsylvania Workers’ Compensation Act [77 P.S. §631] is, as are all time frames set forth in...

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Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of...

A Virginia pharmacy is a “health care provider” that must file its claims within the one-year period prescribed in Va. Code Ann. § 65.2-605.1(F), held the Court of Appeals of Virginia [Summit Pharmacy,...

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