Lang v. Erlanger Tubular Corp.

T1 Today's opinion sustains the Workers' Compensation Court's denial of the worker's claim as untimely. Its pronouncement rests on a construction of the provisions of 85 O.S.Supp.2005 48(C).1 The court rejects claimant's reliance upon the employer's act of tolling2 the 3-year time bar, effected by its voluntary payment for claimant's medical care after the limitation period's expiration.

1 2 It is my view that the employer's act of payment here in contest operated to erase the limitation's time bar and to restart the § 48(C) period. I hence recede from the court's pronouncement. I would vacate…