Hawaii Court Says Employer May be Estopped from Asserting Statute of Limitations Defense

Florida Court Construes Two-Year Limitations Period in § 440.19

Maryland’s 5-Year Limiting Period (LE § 9-736) May be Waived by Employer/Carrier

NC Supreme Court: Untimely Death Claim Can Piggy-Back Upon Timely-Filed Injury Claim

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims

In a divided opinion, an Ohio appellate court affirmed a decision of a state trial court that granted summary judgment to an employer in a death benefits case that had...

NY Board Errs in Setting Disablement Date for Repetitive Stress Injury

A decision by the New York Workers’ Compensation Board that a claimant should have been aware of the work-related nature of his back pain and injury in June 2017, at...

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing

A divided panel of the North Carolina Court of Appeals recently affirmed a decision by the state’s Industrial Commission that had found it lacked jurisdiction to hear a widow’s death...

Subrogated Georgia Insurer Has No Fiduciary Duty to Protect Injured Employee’s Interests

OCGA § 34-9-11.1, Georgia’s statute that gives the insurer (or employer) the right to “assert the employee’s cause of action in tort” against a third party or parties if the...

West Virginia Court Stresses Six-Month Statute of Limitations is Strictly Construed

W. Va. Code 23-4-15(a), which requires workers’ compensation claims to be filed within six months from and after the date of injury or death, as the case may be, is...

SD Worker’s Letter Asking for “Review of Benefits” Was Inadequate to Toll Limitations Statute

Acknowledging the relative informality within the South Dakota workers’ compensation laws as well as the public policy that the state’s Workers’ Compensation Act and its rules should be construed liberally...

Attorney’s Knowledge of Work-Relatedness Imputed to TN Claimant, Barring Claim as Untimely Filed

In an unpublished decision, the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a decision of a state trial court that found an employee’s workers’ compensation...

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

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...