Girlish v. Acme Precision Products, Inc.

Blair Moody, Jr., J.

The question presented is whether plaintiff’s workers’ compensation claim is barred by her failure to notify her employer of a compensable injury within the three-month statutory period when her employer’s group health and accident insurance carrier furnished the injured employee alternative medical benefits during the limitation period.

We hold that an employer impliedly waives his right to notice when his group health and accident insurance carrier furnishes alternative medical benefits to an employee who has suffered an otherwise compensable injury. This implied waiver…