Mayberry v. Alcoa Buildings Products

Opinion

MOON, C.J.

Appellant, James O. Mayberry, appeals the commission’s finding that his claim to compensation for work incapacity was barred by the statute of limitations. We affirm because Mayberry had no awardable work incapacity within two years from the date of his accident. Mayberry’s original claim was for medical treatment only and not for work incapacity. Mayberry’s second application cannot be considered a change in condition application because it was filed more than two years from the date of the accident.

The facts are not in dispute. Mayberry suffered a compensable injury to his…