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No Timeliness Defense for Employer

Wednesday, June 19, 2019 | 463 | 0 | 36 min read

The Idaho Supreme Court ruled that a worker filed a timely claim for additional benefits because his employer failed to provide a mandatory notice of claim status when his entitlement to permanent partial impairment compensation would end. Idaho law requires workers to file a claim for additional benefits within one year from the date of the last payment. Although Brent Austin missed the deadline, the high court said the one-year statute of limitations was tolled because the employer did not send a notice of claim status with the final payment. The case was Austin v. Bio Tech Nutrients. Bio...

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