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Injury Latent and Progressive, Statute of Limitations Not Tolled

By Jim Sams (Senior Editor)

Tuesday, November 27, 2012 | 0

A claim by an injured worker who began to feel intense pain three years after his work injury was not barred by the two-year statute of limitations because his injury was latent and progressive, the Nebraska Court of Appeals ruled.Case: Wissing v. Walgreens Co., No. A-12-361, 11/20/2012.Facts: Randall Wissing fell off a ladder and injured his right shoulder while working for Walgreen Co. on Jan. 1, 2007. He underwent surgery to repair a torn rotator cuff and other injuries to his right shoulder. After physical therapy, Wissing was given a 15% permanent impairment rating on March 19, 2008.Wissi...

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