Congratulations to Tracey Hyde who successfully defended on appeal a statute of limitations issue!
Congratulations to Tracey Hyde who successfully defended on appeal a statute of limitations issue!
The claimant was injured in June 2019 while working as a nurse. She underwent authorized medical care, including a shoulder surgery, along with appropriate temporary and permanent indemnity benefits. The last authorized indemnity payment occurred in January 2021 when impairment benefits were paid out; the last authorized medical treatment occurred in April 2021. The SOL ran in April 2022, and the adjuster sent a DWC-12 in May 2022 stating such. There was nothing from the claimant until she filed a PFB in March 2023, which was, coincidentally, exactly one year after she received two replacement indemnity checks that had been issued in 2019, but never cashed. Her estoppel argument was rejected, as she testified she never knew about the missing checks until she received the replacements in 2022, so there was no detrimental reliance.
Great job, Tracey!
#LegalSuccess #WorkersCompensation #LitigationStrategy #EmployerDefense
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