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Sean Emory v. J.R.'s Truck Co., Inc., IAB Hearing No. 1295612 (March 31, 2011)

Claimant alleged that he sustained an injury, a partial finger amputation, while working for Employer on November 8, 2006. On November 16, 2006, he filed a Petition to Determine Compensation Due with the Industrial Accident Board seeking acknowledgement of his injury. On February 29, 2008, the Petition was dismissed without prejudice. On May 10, 2010, Claimant re-filed the Petition to Determine Compensation Due and filed a Petition to Determine Additional Compensation seeking payment of outstanding medical expenses. Employer did not have workers' compensation insurance at the time of the work accident. However, Employer paid Claimant's wages while he was out of work for several weeks immediately following the injury. Employer also paid some medical expenses for treatment incurred from November 8, 2006 through January 11, 2007. The claim forms corresponding to the medical expenses that were paid, clearly noted the treatment was related to a work injury. Although there was no formal Agreement as to Compensation filed with the Board within two years of the work accident, the Board held that there was an implied agreement since Employer "felt compelled" to make payments to Claimant under the Workers' Compensation Act. Accordingly, the Board held that the statue of limitations was extended to five years from the date of the last payment made by Employer, January 11, 2007, and the 2010 petitions were filed in a timely manner.


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