Envista Forensics

Statute of limitations not relevant in misdiagnosed injury: Court

 Monday, February 13, 2012

 Business Insurance

A Lowe’s Home Centers Inc. employee can receive workers compensation benefits for a misdiagnosed hip injury, even though it falls outside a two-year statute of limitations for his initial claim, a New York appellate court has ruled. Richard Searchfield was injured while lifting a water heater at a Lowe’s store in 2005, according to court records. Soon after, he was diagnosed with a hip and thigh sprain, and a workers comp law judge awarded benefits to Mr. Searchfield in 2006 based on a lower back injury and groin strain.
Workers' Compensation
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