Waterman v. Morningside Manor

Appellant was injured in 2008 while working for Employer. In 2010, Appellant received an injury she believed was a "flare-up" from the earlier injury. Appellant subsequently petitioned the Department of Labor for benefits. Because Appellant's original petition did not assert that the 2010 incident caused a recurrence of her 2008 injury, Appellant amended her petition making that assertion. Employer argued that Appellant's claim was time barred under her amended petition. Appellant respondent that the claims in her amended petition related back to her original petition, which was filed before the expiration of the statute of limitations. The administrative law judge (ALJ) ruled that Appellant's claims in her amended petition did not relate back to her original petition and granted summary judgment to Employer. The Supreme Court reversed and remanded with direction that the ALJ allow Appellant's amended petition to relate back to the date of her original petition, holding that to not allow Appellant to proceed on a claim that all parties agreed was a recurrence of her 2008 compensable work-related injury because Appellant failed to posture her request for relief in her original petition as a recurrence contravened the spirit of the state's worker's compensation laws.View "Waterman v. Morningside Manor" on Justia Law