Baker's Case

There is a four-year limitations period under G. L. c. 152, § 41, that governs the filing of a workers’ compensation claim. There is also a tolling provision in § 41, which extends the statute of limitations if the insurer is paying workers’ compensation benefits for the injury — even if no claim has been filed. The question presented is whether the tolling provision of § 41 applies exclusively to the claim filing for the particular injury for which the workers’ compensation benefits are being paid, or whether that provision may be read to extend the time for filing a claim for a different…