Blount v. Alabama Electric Cooperative, Inc.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a workmen’s compensation case.

The employee’s complaint as filed on December 30, 1980 sought compensation from his employer for a back injury which occurred on the job on August 5, 1979. He alleged that he was paid workmen’s compensation benefits through December 31, 1979. One of the employer's defenses was the one year statute of limitations.

The employer filed its motions for a summary judgment, attaching an affidavit and cancelled check thereto, stating in substance that that check, dated on December 18,1979, was the last compensation check to…