896 S.E.2d 782
Va. Ct. App.2024Background
- Joshua Stanton, a firefighter paramedic, suffered a compensable hip injury in 2014 while working for the City of Virginia Beach.
- Stanton was awarded temporary total and partial disability benefits but returned to full duty by September 2015 and worked full duty until hip replacement surgery in August 2021.
- In October–November 2021, after hip replacement, Stanton worked a brief period of light duty before resuming full duty work at his pre-injury wage.
- Stanton filed applications for additional benefits in November 2021 and February 2022, arguing a change in condition.
- The Workers’ Compensation Commission denied his applications, finding them untimely under the statute of limitations in Code § 65.2-708(A).
- Stanton appealed, claiming that the statute of limitations was tolled under Code § 65.2-708(C) due to his light-duty work in 2021.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Does Code § 65.2-708(C) toll the statute of limitations for a late change in condition based on light-duty work years after original award? | Stanton argued his 2021 light-duty wages met the tolling criteria, restarting the two-year clock. | Virginia Beach argued tolling only applies if light-duty occurs within the original limitation period. | The court held tolling only applies if light-duty work falls within two years after the last compensation was paid under the original award; Stanton’s light-duty work was too late. |
Key Cases Cited
- Ford Motor Co. v. Gordon, 281 Va. 543 (2011) (clarifies how light-duty wages can toll the statute of limitations for changes in condition under Workers’ Compensation law)
- Oraee v. Breeding, 270 Va. 488 (2005) (discusses statutory interpretation and harmonizing statutory provisions)
- Meeks v. Commonwealth, 274 Va. 798 (2007) (addresses plain meaning in statutory interpretation)