Legal Opinion · Dissent

Evans v. Northwest Tire Service

Court of Appeals of Arkansas

Decided December 2, 1987No. CA 87-171Published

1DissentDonald L. Corbin, Chief Judge

The majority views the issue in this case as simply whether appellant’s claim is barred by the statute of limitations. I disagree. The issue is whether compensation for prescription refills only, received during the statutory period set out in Arkansas Statutes Annotated § 81-1318(b) (Repl. 1976), tolls the statute for additional medical benefits.

In this case, the Commission denied appellant’s claim for additional medical benefits relating to his 1976 compensable injury because the statute of limitations had expired. The majority reversed the Commission finding the statutory period had not…

2Cases cited4 opinions

  1. Marion Hospital Ass'n v. LanphierCourt of Appeals of Arkansas · 1985
  2. Alred v. Jackson Atlantic, Inc.Court of Appeals of Arkansas · 1980
  3. Mohawk Rubber Co. v. ThompsonSupreme Court of Arkansas · 1979
  4. Terminal Van & Storage v. HacklerCourt of Appeals of Arkansas · 1980

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