135 So. 3d 160
Miss. Ct. App.2013Background
- Brown worked 18 years at Duo‑Fast performing repetitive hand work and later alleged bilateral carpal tunnel syndrome (CTS).
- First medical diagnosis noting CTS and work use: Dr. Warrington on Nov. 16, 2001.
- Orthopedist Dr. Sandifer evaluated Brown on Jan. 8, 2003, diagnosed bilateral CTS and linked it to work; EMG later ordered.
- EMG nerve‑conduction study showing severe bilateral CTS performed May 14, 2004; Brown first notified employer of a work injury on Oct. 8, 2004.
- Brown filed a petition to controvert on Oct. 17, 2005; employer raised the two‑year statute of limitations defense under Miss. Code § 71‑3‑35(1). Commission and AJ disagreed on when the limitations period began; circuit court affirmed Commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of statute of limitations | Tool Works waived the defense by not moving to dismiss and by participating in discovery for years | No waiver; Act and Commission procedures allow answer and discovery; no inequitable conduct by employer | No waiver — Commission properly preserved defense; equitable estoppel doesn't apply absent employer misrepresentation |
| When the 2‑yr limitations period began to run for latent CTS | Limitations should start May 14, 2004 (EMG confirmed CTS) | Limitations ran earlier (AJ: Nov. 16, 2001; Commission: Jan. 8, 2003) because injury was reasonably apparent then | Limitations began Jan. 8, 2003 (Commission’s finding supported by substantial evidence), so claim filed in Oct. 2005 was time‑barred |
Key Cases Cited
- Tabor Motor Co. v. Garrard, 233 So.2d 811 (Miss. 1970) (statute runs from when latent injury becomes reasonably apparent)
- J.H. Moon & Sons, Inc. v. Johnson, 753 So.2d 445 (Miss. 1999) (definition of latent injury)
- McCrary v. City of Biloxi, 757 So.2d 978 (Miss. 2000) (equitable estoppel against employer for misrepresentations about benefits)
- Holbrook v. Albright Mobile Homes, Inc., 703 So.2d 842 (Miss. 1997) (estoppel where employer’s conduct tolled limitations)
- Kinsey v. Pangborn Corp., 78 So.3d 301 (Miss. 2011) (standard of review for waiver/abuse of discretion)