Jones v. Thermo King

I would reverse the Workers’ Compensation Court of Appeals and hold that there is a compensable claim which is not barred by the statute of limitations. I would then remand to the compensation judge for determination of benefits.

The purpose of a statute of limitations is to give timely notice to the employer, who can then prepare a defense. The workers’ compensation statutes require that notice of injury be given to the employer and that a claim for benefits be filed within 3 years after notice of the injury.

In this case, the employee gave notice, but he filed his claim 3 years and 3 months…