In a case where the Plaintiff alleged injury while on the job, Glassman, Wyatt, Tuttle & Cox, P.C. shareholder David Riley expertly secured an appeal on behalf of a local business. The Plaintiff, while working for the firm’s client, claimed he injured his shoulder while installing hardware on a door at a manufacturing plant. The Plaintiff filed a claim for workers’ compensation benefits more than one year after the date of the injury, which was denied by the firm’s client. The Plaintiff subsequently filed a petition for benefit determination.
A leading Worker’s Compensation attorney, David Riley filed a motion for summary judgment on behalf of the employer asserting the employee’s petition was untimely filed. The trial court denied the motion, concluding there was a genuine issue of material fact as to whether the Plaintiff’s injury was discoverable more than one year prior to the filing of the petition. Riley subsequently appealed the trial court’s ruling, arguing that the trial court erred in not granting summary judgment and dismissing the case because the employee failed to file his claim within the one-year statute of limitations. The appeals court determined that undisputed evidence revealed Plaintiff’s belief that he experienced a work injury more than a year before filing the original claim. The appeals court also found unrefuted evidence that Plaintiff did not file a petition for benefit determination within one year of the date of this injury. In light of those circumstances, the appeals court determined that the trial court erred in concluding that the discovery rule applied and in denying the employer’s motion for summary judgment based on the expiration of the statute of limitations. The appeals court agreed with Riley’s motion and subsequently reversed the decision of the trial court and remanded the case for entry of an order of dismissal.
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