FALLS CHURCH CABINETRY v. Jewell

Thomas A. Jewell sustained two work-related accidents on two different occasions. He hurt his wrist on January 19, 2007 and his left thumb on May 22, 2007. Under Code § 65.2-601, Jewell had two years from the date of each accident to file worker’s compensation claims. He filed an *150untimely claim for the left thumb injury. A divided commission excused Jewell’s untimely claim on the grounds that his employer also neglected to file a timely “report of accident” and that Jewell suffered actual prejudice—thereby triggering the tolling provisions of Code § 65.2-602.

The majority affirms the…