Preston v. Transportation Insurance

¶51 I agree with the Court that filing a petition for mediation with the Department of Labor does not commence an “action” and, consequently, that the 2-year statute of limitations does not begin to run from the date Preston filed her petition for mediation. I also agree with the Court that the WCC’s finding that the statute of limitations began to run on August 9, 1999, is not clearly erroneous. Finally, I agree with the Court that Preston’s equitable tolling argument cannot be addressed because it is raised for the first time on appeal.

¶52 I disagree with the Court’s conclusion that the…