Arkansas Supreme Court Rules for Appellant in Elapsed Time Workers’ Comp Case

The Supreme Courtroom of Arkansas has reversed and remanded a call in an attraction of the Arkansas Employees’ Compensation Fee’s denial of a declare for extra medical advantages of an appellant over a time-limit in state code.

The appellant, Terry Wynne, had argued that as a result of he requested the extra advantages inside one yr of the final cost of compensation, his declare was well timed pursuant to Arkansas Code.

Wynne fell from a ladder whereas working as a trailer technician and authorized welder for Liberty Trailer in 2015. He sustained a compensable right-shoulder harm, and on account of the autumn, he underwent two shoulder surgical procedures. It was later decided after a practical analysis that he recached most medical enchancment and he was launched to mild obligation. Nonetheless, he continued to obtain incapacity advantages.

Wynne in 2019 filed for extra short-term complete incapacity, further short-term partial incapacity, further everlasting partial incapacity, further medical bills, rehabilitation, and legal professional’s charges.

An administrative legal guidelines decide dined Wynne’s declare for extra medical remedy, discovering that the declare was barred by the statute of limitations. The fee affirmed and adopted the ALJ’s opinion.

Wynne appealed, and a court docket of appeals reversed the denial of further medical advantages, holding that Wynne’s declare for extra medical remedy was filed inside one yr of the date of the final cost of compensation, so it was not barred by the statute of limitations.

Liberty Trailer filed a petition for evaluation, which was granted by the Supreme Courtroom of Arkansas.

The Supreme Courtroom of Arkansas discovered that based mostly on Wynne’s final receipt of cost for incapacity advantages was issued in 2019, and so he filed his claims inside the one-year timeframe known as for within the code.

“We maintain that beneath a plain studying of part 11-9-702(b)(1), Wynne’s declare for extra medical advantages was well timed,” the court docket mentioned in its ruling. “Accordingly, we reverse the Fee’s choice and remand for additional proceedings.”

The case is Wynne v. Liberty Trailer, 2021 Ark. App. 374.

Matters
Legislation
Workers’ Compensation
Arkansas