Legal Opinion

McKinney v. University of Mississippi Medical Center

Court of Appeals of Mississippi

Decided February 26, 2013No. 2011-WC-01172-COAPublishedCited by 2 opinions

1Opinion of the Court

MAXWELL, J,

for the Court:

¶ 1. Patricia McKinney appeals the dismissal of her workers’ compensation claim as time-barred under the two-year statute of limitations. She argues that while her claim was filed two years and thirteen days after her alleged injury, her employer’s Form B-52 Notice of Controversion tolled the limitations period, saving her claim. But a Form B-52 Notice of Contr-oversion filed by an employer or carrier does not constitute an application for benefits and does not toll the statute of limitations. Thus, we find her compensation claim is time-barred. And because she failed…

2Cases cited7 opinions

  1. Holbrook v. Albright Mobile Homes, Inc.Mississippi Supreme Court · 1997
  2. McCrary v. City of BiloxiMississippi Supreme Court · 2000
  3. Brock v. Hankins Lumber Co.Court of Appeals of Mississippi · 2000
  4. Jordan v. Pace Head StartCourt of Appeals of Mississippi · 2002
  5. Baker v. IGA Super Valu Food StoreCourt of Appeals of Mississippi · 2008

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Jimmy McInturff v. Yellow Roadway CorporationCourt of Appeals of Mississippi · 2019
  2. Sheree Cleveland v. Advance Auto Parts and Indemnity Insurance Company of North America;Court of Appeals of Mississippi · 2019

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