Walker v. J.C. Penney Co.
Walker v. J.C. Penney Co.
Opinion of the Court
In this workers’ compensation case, claimant appeals the deputy commissioner’s order finding claimant’s petition for modification barred by the Statute of Limitations. We reverse.
Claimant was injured in a compensable accident on July 7, 1978. The employer/carrier voluntarily paid claimant temporary total disability benefits until November 23, 1979. After discontinuance of these benefits, claimant filed a claim for benefits contending that he was entitled to continuing temporary total disability benefits from November of 1979 until he reached maximum medical improvement, or, if it was found that claimant had reached maximum medical improvement, that claimant was entitled to permanent partial disability benefits. Hearing was held on claimant’s alternate claims on June 9, 1980. By order dated and mailed April 1, 1981, the deputy commissioner found, inter alia, that claimant was entitled to temporary total disability benefits until November 23, 1979, that claimant reached maximum medical improvement on November 19, 1979, and, that claimant had no permanent physical impairment or permanent partial disability. Accordingly, the deputy decreed that claimant’s claim for permanent partial disability benefits be denied.
On March 17, 1983, claimant filed a petition for modification of the April 1, 1981 order. At hearing held on this matter, the employer/carrier argued that claimant’s petition for modification was barred by the Statute of Limitations since the order of April 1, 1981, did not reject claimant’s claim. The deputy commissioner agreed with the employer/carrier. Specifically, the deputy found that the order of April 1, 1981, did not reject claimant’s claim since claimant prevailed on several issues at the hearing held on June 9, 1980, and therefore, claimant did not have until two years after the April of 1981 order in which to file his petition for modification. We disagree with the deputy’s finding.
REVERSED and REMANDED with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.