Bates v. Mercier

Plaintiff appeals by leave granted an opinion and order of the Worker’s Compensation Appellate Commission (WCAC) affirming a magistrate’s decision to deny plaintiff’s claim for benefits as untimely. We affirm.

This matter arises out of a tragic accident at plaintiff’s brother’s (defendant Terry Mercier’s) sawmill, where plaintiff worked. On July 12, 1988, plaintiff brought her eleven-year-old son to work. While her son attempted to remove debris from underneath an “edger” saw, he raised his head and was struck by the saw blade. He died from the resulting injuries. Plaintiff witnessed all of…