Jones v. Gwaltney of Smithfield, Ltd.

ROBERT P. FRANK, Judge.

Payton Jones, Jr., claimant, appeals a decision of the Virginia Workers’ Compensation Commission denying his claim for benefits against Gwaltney of Smithfield, Ltd. and Ace American Insurance Company (collectively “employer”). Claimant contends the commission erred in concluding that the statute of limitations, as codified in Code § 65.2-601, barred his claim. We find the commission erred when it applied an incorrect standard in determining a lack of prejudice to claimant. Therefore, we reverse the commission’s finding and remand for a determination of prejudice based…