Wednesday, August 27, 2003

Statute Of Limitations Is Tolled By Employer-Paid Treatment When Employer Has Notice Of Work Injury

In Harley Davidson, Inc. v. WCAB (Emig, Jr.) the Claimant had a 1993 injury and obtained medical treatment paid for by either the Employer's workers' compensation carrier or the Employer itself (the company physician) through 1998. The WCJ found there were no three-year periods between the payment of medical expenses. Furthermore, the Employer had notice of the 1993 injury. Accordingly, when the Claimant filed a claim petition on May 24, 2000 alleging the 1993 injury, the petition was timely. Because the Employer had notice of the 1993 injury, the cost of treatment is considered payment in lieu of compensation that tolls the statute of limitations.

Note: This ruling would not extend to cases where health insurance provided by the employer pays for the treatment because of the specific prohibition thereof in Section 315.

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