Workers’ Compensation Claim Untimely Due to EEOICPA Claim
The Tennessee Supreme Court has affirmed the dismissal of a Workers’ Compensation claim for being untimely due to a previous filed claim under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). If you or someone you know makes a claim under the EEOICPA, then please consult an attorney immediately to determine any rights you may have under the Workers’ Compensation law.
In Mayton v. Wackenhut Services, Inc., Mr. Mayton worked in security at Y-12, which is a Department of Energy facility in Oak Ridge, Tennessee, from 1988 to 2005. Mr. Mayton began to notice shortness of breath that culminated in hospitalizations in 2005 and the cessation of his employment in July of 2005. In August of 2006, Mr. Mayton filed a “Claim for Benefits Under the Energy Employees Occupational Illness Compensation Act” with the U.S. Department of Labor Office of Workers’ Compensation Programs. As part of the paperwork, Mr. Mayton indicated his belief that his pulmonary conditions were work-related. In September of 2006, Mr. Mayton had discussions with his physicians confirming the causation of his conditions. Mr. Mayton filed a Request for Benefit Review Conference (BRC) with the Tennessee Department of Labor on September 4, 2007.
The Trial Court found that Mr. Mayton was permanently and totally disabled as a result of the pulmonary conditions. However, the Trial Court found that Mr. Mayton’s one-year statute of limitations began running on August 14, 2006 when he filed the claim for EEOICPA benefits because he knew or should have known at that time the w0rk-relatedness of his condition and thus the BRC request filed on September 4, 2007 was untimely. The Tennessee Supreme Court affirmed the dismissal.
This unfortunate case demonstrates the need to quickly seek out legal advice and representation on EEOICPA and workers compensation claims.
If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), SSD/SSI matter, EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website at www.farmerdreiser.com.