Sagely v. ABC RAIL PRODUCTS CORP.

On Application for Rehearing

The opinion of December 17, 1999, is withdrawn, and the following is substituted therefor.

Rocky Sagely sued his employer, ABC Rail Products Corporation ("ABC"), on July 8, 1998, to recover workers' compensation benefits for injuries he had sustained to his shoulder and neck on October 17, 1995, during the course of his employment. ABC answered on August 17, 1998, admitting liability for the shoulder injury, but denying liability for the neck injury and raising the statute of limitations as a defense to the claim based on that injury. Following an ore tenus…