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Employee’s Claim for Additional Worker’s Compensation Benefits Barred When Not Filed Within the Statute of Limitations

In the case of Chatfield v. Whirlpool Corp., 2021-Ohio-4365, the Third District Court of Appeals held that the trial court did not err in granting summary judgment in favor of the employer in the employee’s worker’s compensation appeal and complaint seeking benefits.

Here, the employee sought benefits for additional conditions related to a workplace shoulder injury after the employee’s original claim for benefits was allowed. The employer argued that the statute of limitations barred this additional claim, and the trial court granted the employers motion for summary judgment.

The Court of Appeals reasoned that the five-year statute of limitations period began when the last medical benefit was paid to the employee on the original claim. As such, the Court of Appeals found that the claim for additional benefits was untimely.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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