Eskola v. Little Rock School District

Josephine Linker Hart, Jholds that appellant’s claim for

dissenting. The majority holds that appellant’s claim for medical benefits related to his shoulder surgery was untimely because, as provided in Ark. Code Ann. § 11 — 9—702(b)(1) (Repl. 2002), he failed to file a claim for additional compensation either within one year from the last payment of compensation on May 8, 2000, or within two years from his September 15, 1998, injury. The majority’s reliance on this statute is misplaced, however, as the shoulder surgery was part of his initial claim for compensation. Appellant’s claim was timely…