Travelers Insurance v. Rushing

BRITT, Judge.

Defendant contends first that plaintiff’s action is barred by the three-year statute of limitations. We disagree with this contention.

Defendant argues that plaintiff’s cause of action to recover the $980 overpayment accrued on the date that compensation was paid under the original award of 30 October 1972, and that this action, which was instituted on 22 June 1976, is barred by the three-year statute of limitations applicable to implied contracts. We reject this argument. Until the original award was modified on 18 February 1975, plaintiff had no cause of action to recover the…