Commonwealth Medical Institute v. Stop-Headstart Program

Opinion

BARROW, J.

In this appeal, the employer contends the commission erred in holding that the statute, of limitations had not run on the employee’s claim. We hold that the employee’s receipt of a workers’ compensation guide did not affect the tolling of the statute of limitations which occurred before the employee received the guide.

Where (1) “an employer has received notice of an accident resulting in compensable injury to an employee,” (2) “has paid compensation or wages to such employee during incapacity for work,” and (3) “such conduct of the employer has operated to prejudice the…