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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I sustained work related injuries in 2003. I did receive

Customer Question

I sustained work related injuries in 2003. I did receive some basic tests in 2003 and an MRI in 2006. Thoracic Outlet Syndrom (TOS) was noted as a likely injury, also mid back and neck injuries. I have never been able to go back to work. I occasionally earn income through self-employment, but that too is limited and becoming more so each month due to the TOS. My physical problems have slowly increased since 2003 but became debilitating last year. I have been diagnosed with full blown (TOS) I have been trying to avoid the surgeries, but therapy/PT/medication is not helping. Blod clots, damaged nerves and muscles are serious concerns. I am in constant pain. I never did receive any compensation or medical help from worker's comp. This was mainly due to logistics in Alaska and the fact that no neurologist and few doctors in AK would not accept federal workers comp. Finally last year, after moving to Florida and acquiring insurance, I began the process of determining the exact cause of my problems. My question is...can this case be reopened, my medical/surgical costs covered and any compensation for loss of gainful employment? I worked for Bureau of Land Management at the time of the injury. It was determined that I could no longer perform my job duties (my work was very physically demanding). My supervisor offered to relocate me and provide me with another job. I declined.
Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

According to Quality Service Railcar v. Williams, 36 Ark. App. 29., the statute of limitations does not begin to run until the employee knows or should be reasonably expected to be aware of the extent or nature of the injury. The statute of limitations itself is 2 years from the time the event occurred, or, the employee knows or should be reasonably expected to be aware of the extent or nature of the injury.

The problem here is that if this happened back in 2003, it would be a very weak case to argue that you did not know/should have known the full extent until 2016. In addition, if you already did file a claim, then action to appeal/reopen it is too late.

Ergo, I am sorry to say it is most likely too late.

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