Johnson v. Smith

Opinion

MOON, J.

Robert W. Johnson, claimant, appeals the commission’s finding that his claim for permanent partial disability benefits is barred by the thirty-six month statute of limitations of Code § 65.2-708. We disagree and reverse because claimant filed his change of condition application within the thirty-six month period, and uncontradicted evidence was presented of a present and existing disability within the thirty-six month period.

Claimant sustained a crush injury on December 23, 1985, when a 1,000 pound weight fell on his right hand. The claim was accepted and an award was entered…