Whittaker v. Byard

OPINION OF THE COURT

This workers’ compensation appeal concerns a matter of first impression: whether a claim against the Special Fund was barred by the two-year period of limitations in an instance where a timely claim was filed against the employer, where the first evidence to support Special Fund liability was produced by the employer more than two years after the last voluntary payment, and where a motion to join the Special Fund was filed at the same time as the evidence supporting Special Fund liability.

Claimant was employed as a steel fabricator. He was injured on December 7, 1995,…