York Manufacturing Co. v. Fields

The trial judge found that this worker’s claim for her March 29, 1982 injury, though commenced more than a year later — on April 1, 1983 — was nonetheless timely brought. The decision rests upon the finding that the employer “had knowledge of the claimant’s alleged injuries and did not notify [her] of her rights and thus tolled the statute of limitations (85 O.S. 8).” Today’s opinion sustains this decision. I recede from the court’s pronouncement and reiterate my disapproval of its recent § 8 jurisprudence.1

The tolling sanction in the third paragraph of 85 O.S.1981 § 82 may be imposed only on…