Monday, January 28, 2008

Post-termination Injury Claim --- What Does It Mean?

The July 1, 2005, amendments to the Workers' Compensation Act included a provision for limiting "post-termination injury claim[s]" to a six month statute of limitation instead of the usual two years. Is the new law valid and enforceable? There is a split of opinion among the judges.
Unlike some of the other amendments, the facts necessary to raise this issue are rarely present in a claim. I have only had it raised in one case, and it was an appellate issue twice on en banc panels.
Hopefully a case is making its way to the Supreme Court as this item is posted. In the meantime, I have posted some observations on my website. I hope this helps your thinking. What are your thoughts?

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