Gerdau Ameristeel, Inc. v. Ratliff
Annotate this CaseEmployee viewed the bodies of co-workers who had died as a result of work accidents on two separate occasions in February and April 2008. On June 23, 2008, Employee was diagnosed with post-traumatic stress disorder (PTSD) caused by the two incidents. On June 23, 2009, the employee requested a benefit review conference. Employer filed a complaint to determine the amount of workers' compensation benefits due. Employer subsequently filed a motion for summary judgment contending that the statute of limitations commenced on the date of the second accident and that the claim was therefore barred. Employee contended that the statute did not begin to run until the date of his diagnosis and that his claim was timely. The trial court granted Employer's motion. The Supreme Court reversed, holding (1) the limitations period did not commence until Employee was diagnosed as having PTSD on June 23, 2008; and (2) the statute of limitations therefore did not bar Employee's claim.
Court Description: Authoring Judge: Justice Janice M. Holder
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