Leslie Fernandes v. Handyman Services, Inc.

COLEMAN, Judge.

Leslie Fernandes, claimant, appeals a decision of the Workers’ Compensation Commission which held that his claim for disability benefits based upon a change in condition was time barred by Code § 65.1-99 (now Code § 65.2-708). The claimant contends that the commission should have held that the employer waived its right to plead the statute of limitations or is barred from asserting the defense because of the doctrines of estoppel or imposition. We hold that because the employer had agreed in writing, before the statute of limitations ran, to pay for the claimant’s surgery and…