Niblett v. Piedmont Aviation, Inc.

*653Opinion

KOONTZ, C.J.

Trekeyta F. Niblett, appellant, appeals a decision by the Industrial Commission that she was time barred, pursuant to Code § 65.1-99, from claiming benefits based on a July 28, 1985 industrial injury. On appeal, Ms. Niblett contends Piedmont Aviation, Inc., appellee, should be estopped from asserting the statute of limitations under Code § 65.1-99 since both parties were operating under a mutual mistake that an open award was in place.

The essential facts are not in dispute. Ms. Niblett sustained an injury to one of her right fingers by industrial accident on July 28, 1985.…