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Workers' Compensation

Tennessee: Prescription Period for Statute of Limitations Began to Run When Physician Indicated Work-Relatedness to Claimant’s Attorney

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 one year of the date the employee’s doctor notified the employee’s attorney that the employee’s injuries were likely related to his employment. The employee argued that the one year statute of limitations should not have begun to run until he had personally seen the doctor’s report. The appellate court disagreed, finding that the knowledge of his attorney should be imputed to him.

Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Pearson v. Memphis Light Gas & Water Div., 2021 Tenn. LEXIS 59 (Mar. 24, 2021)

See generally Larson’s Workers’ Compensation Law, § 126.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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