Where, following his injury, an employee was paid his regular wages, but mostly sat around in the employer’s safety trailer watching television, the wages were “in lieu of compensation” and the employee’s petition for benefits was not barred by the statute of limitations. Relying upon earlier precedent that had quoted Larson, the court indicated there was insufficient evidence that the employee had actually “earned” his wages. The employer’s voluntary payment in lieu of compensation benefits tolled the statute of limitation.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Ladner v. Zachry Constr., 2014 Miss. LEXIS 66 (Jan. 30, 2014) [2014 Miss. LEXIS 66 (Jan. 30, 2014)]
See generally Larson’s Workers’ Compensation Law, § 126.07 [126.07]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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