Bowerman v. Employment Security Commission

The single issue presented in this appeal is whether the statute of limitations for instituting a Workers’ Compensation claim is tolled in the case of a latent injury during the period that the injury was unknown or unsuspected by the claimant. We hold that the statute of limitations is tolled during that period.

This is an appeal by the claimant Jerry Bowerman from a decision of the Workers’ Compensation Court that his claim for compensation is barred by section 39-71-591, MCA (1981). That statute provides:

“(1) In cases of personal injury or death, all claims shall be forever barred unless…