Gordon v. Ford Motor Co.

UPON A REHEARING EN BANC

ELIZABETH A. McCLANAHAN, Judge.

John T. Gordon, Jr. appeals the Workers’ Compensation Commission’s rejection of his change-in-condition application for benefits as time barred under the Code § 65.2-708(A) two-year statute of limitations. Gordon argues the commission erred in ruling that the tolling provision in subsection C of this statute “extends only once during the life of a workers’ compensation case,” and thus did not operate so as to render his claim timely. A panel majority of this Court agreed with Gordon and reversed the commission’s decision. We granted a…