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Two Separate Statute of Limitations in One Claim – Medical and Indemnity SoLs Run Independently
Wynne v. Liberty Trailer & Death & Permanent Total Disability Tr. Fund, 2022 Ark. 65, 641 S.W.3d 621
The court held that under the plain reading of the statute, the statute of limitations on a request for additional benefits commences with the last payment, whether for disability or medical benefits, is made. The court then went on to overrule Kirk v. Cent. States Mfg. to the extent that the case held that the statute of limitations on a claim for additional benefits commences upon last payment of a specific type of benefits sought, rather than from the date of the last payment of compensation.
Cosner v. C&J Forms & Labels Co., 2021 Ark. App. 453 (Ct. App.)
In applying the decision in Wynne v. Liberty Trailer & Death & Permanent Total Disability Tr. Fund, the Arkansas Court of Appeals found the Worker's Compensation Commission incorrectly ruled that claim for additional PPD benefits was barred by the statute of limitations under Ark. Code Ann. § 11-9-702(b) because the claim was filed within one year of the last payment in the form of medical-treatment benefits. There was no requirement that the benefits that had been paid be the same type of benefits being sought.
Slaughter v. City of Fayetteville, 2022 Ark. App. 139, 643 S.W.3d 809 (Ct. App.)
The Arkansas Court of Appeals clarified that the applicable date for the purpose of the statute of limitations is the date of the furnishing of medical services, not the payment therefor, that constituted payment of compensation regarding a claimant's medical benefits. Additionally, the Court held voluntary payments do not revive a claim in which the statute of limitations has run.