TT&H Attorney Burke McLemore Wins Statute of Limitations Argument in Defense of Reinstatement Petition

TT&H Attorney Burke McLemore recently won a Claimant’s request for reinstatement of benefits, defending the petition based on the statute of limitations. The carrier had initially accepted only a “back strain.” Three years later the carrier reversed course by issuing a supplemental agreement which expanded the description of injury to include a herniated disc, and paid for a low back surgery and lost time benefits.

Burke successfully argued that all payments made three years after the TNCP was revoked were a nullity because the statute of limitations had already run. Burke’s argument prevailed and Claimant’s petitions were dismissed, leaving the description of injury as a “back strain,” and denying further award of lost time benefits or payment of medical benefits.

Questions about this case can be directed to Burke McLemore at (717) 255-7647 or bmclemore@tthlaw.com.