Hall and Lindebak Obtain Summary Judgment

Posted on: September 27th, 2019

Andrew D. Hall and Aaron W. Lindebak obtained a summary judgment against a Claimant in a workers’ compensation proceeding. Claimant filed a workers’ compensation claim relating to an alleged work place accident that occurred on September 14, 2016. The Petition was filed on September 17, 2018. Defendant had paid no benefits to the Claimant. Hall and Lindebak argued Claimant failed to file the petition within the two-year statute of limitations. Claimant argued she mailed the Petition to the Commission on September 14, 2018 and that Defendants were aware of her injury. The Commission ruled that because the Petition was not filed until September 17, 2018, Claimant’s time to file the lawsuit under the statute of limitations had expired and the claim was dismissed.

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