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While procedural rules are often relaxed in workers’ compensation cases, the six-month statute of limitations provided in W. Va. Code § 23-4-15(a) is jurisdictional, held West Virginia’s Supreme Court of Appeals in a memorandum decision...

The Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s determination that an employee’s workers’ compensation claim was not timely filed in as much as it had not been filed within...

The Court of Appeals of Virginia held that a local pharmacy was a “health care provider” under Va. Code Ann. § 65.2-605.1(F), and as such, it could not seek reimbursement for prescription medication where it waited more than one year...

That an employer operates its business on Sundays and, therefore, would have been able to receive a notice of injury by an injured employee on that day, has no effect on the 120-day notice period found in Section 311 of the Pennsylvania Workers’...

The 52-week filing requirement related to first responder PTSD claims in § 112.1815(5)(d), Fla. Stat., runs from the date of the qualifying event specified in the statute and not from the date the first responder manifests PTSD symptoms, held a Florida...

The New Mexico Court of Appeals held that a taxpayer’s refund claim was timely even though it did not comply with a requirement found in the Department of Revenue’s regulation.  Specifically, the court concluded that the Department’s regulatory requirement...

A statute of limitations that bars additional compensation for an injured employee if two years passes after the last payment of medical or indemnity benefits [see N.C. Gen. Stat. § 97025.1] is clear and unambiguous, held a North Carolina appellate...

In a case of first impression, the Supreme Court of South Dakota held that the state's Department of Labor had erred when it determined that there had been no activity in the record of a case for more than one year, such that the claim could be dismissed...

Payment of cost-of-living adjustments (COLA) by the Division of Workers’ Compensation are the sort of “compensation” outlined in § 440.15(1)(f), held the Supreme Court of Florida. Accordingly, where an employer inexplicably stopped...

The Supreme Court of Wyoming held that a claimant’s late filing of his claim was excused under the circumstances of the case and both the employer and the Division of Workers’ Compensation were barred from utilizing the statute of limitations...

Neither the employer’s filing a First Report of Injury, nor its filing of a Notice of Contest tolls the statute of limitations applicable to workers’ compensation claims in Colorado [see Colo. Rev. Stat. § 8-43-103(2)], held a state appellate...

The Supreme Court of Montana held that a hospital security guard failed to provide sufficient notice of injury to his employer when he made sketchy notations in a daily log book that he had been hit in the nose by an unruly psychiatric patient that he...

A post- Smothers [see Smothers v. Gresham Transfer, Inc. , 332 Ore. 83, 23 P3d 333 (2001), overruled by Horton v. Or. Health & Sci. Univ. , 359 Ore. 168, 376 P.3d 998 (2016)] statute of limitations, ORS 656.019(2)(a), which allows a civil action to...

Where a firefighter filed a claim for benefits more than six years after his original work-related injury, but within two years of the employer’s last payment of medical charges related to the firefighter’s work-related back condition, the...

In its recent decision in Executive Plaza, LLC v. Peerless Ins. Co ., 2014 NY Slip Op 898, 2014 N.Y. LEXIS 165, [ enhanced version available to lexis.com subscribers ], the Court of Appeals of New York, New York’s highest court, on a question certified...