Garrett v. Sears

I must dissent from the majority opinion on the first issue in this case. That issue is whether the statute of limitations barred appellant’s claim for additional compensation. The statute involved is Ark. Code Ann. § 11-9-702(b) (1987), which provides in pertinent part:

In cases where compensation for disability has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation, or two years from the date of injury, whichever is greater.

The appellant sustained a…