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Hi pornlaw. Don't they have to provide some sort of notice to the worker's comp commissioner within a specified statute of limitations to preserve their claim?
I suppose the alternative would be a repetitive trauma injury claim.
"I really don't know who ruptured it, you're honor, it just got wore down, day after day!?
Bingo -- a repetitive trauma injury is not really barred by a statute of limitations defense. Until someone knows, ie was told by a doctor that their injury was a result of something work related, the clock doesnt start to click.
Same applies to mesothelioma and asbestos. I have taken a bunch of depos of guys in oxygen tents that worked in the shipyards in WWII that later developed cancer.
If the injured worker could show injurious exposure, then the employer was on the hook. Usually the employers/insurance companies got together and contributed their share of the exposure and settled the cases rather quickly.
... on another note .. someone really needs to put a camera in DaBurg's hands...
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