Graves v. Brockway-Smith Co.

[¶ 1] Brockway-Smith Company and MMTA Workers’ Compensation Trust appeal from a decision of a Workers’ Compensation Board hearing officer (Goodnough, HO) awarding incapacity benefits to Richard Graves for a 2003 work-related injury to his left shoulder. Brockway-Smith contends that Graves’s claim for the 2003 injury is barred for failure to file it within the six-year limitations period in 39-A M.R.S. § 306(2) (2011).1 We are asked to decide whether that six-year period was tolled until the employer filed a first report of injury with the Workers’ Compensation Board, even though at the time…