TWCA Reviews Whether Employee Gave Sufficient Notice of his Injuries in His Initial Claim

RICK BOVEE v. HOME DEPOT, USA, INC. (TWCA August 18, 2010)

In this workers' compensation action, employee sought benefits for injuries to his hips, shoulders, and feet. The trial court awarded benefits for injuries to his shoulders and feet but found that he failed to give timely notice of his bilateral hip injuries to his employer and dismissed those claims.

Employee has appealed, contending that the trial court erred in finding that he did not provide timely notice of his hip injuries and that the complaint is barred by the statute of limitations. He requests that temporary disability, medical, and permanent disability benefits be awarded for those claims. Employer argues that the trial court erred in its calculation of the amount to be set off for social security retirement benefits.

We conclude that the employee gave sufficient notice of his hip injuries to satisfy the requirements of the workers' compensation statute. However, we find that those claims are barred by the applicable statute of Limitations. The judgment is affirmed in all other respects.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/boveer_081810.pdf