102 So. 3d 321
Miss. Ct. App.2012Background
- Smith began working for Nissan North America Inc. in 2003 as a production technician on the assembly line.
- In January 2007 she developed swelling in her hands and was treated, with light duty thereafter until July 22, 2007.
- On February 19, 2007, Dr. Tennin diagnosed bilateral carpal tunnel syndrome and referred her for further evaluation.
- Dr. Katz also evaluated her in March 2007; he questioned whether carpal tunnel syndrome was the correct diagnosis, suggesting arthritis or tendinitis.
- Smith was later seen by Dr. Blevins, who diagnosed carpal tunnel syndrome in May 2007 and recommended surgery; pregnancy considerations delayed surgery until 2008.
- Smith filed two petitions to controvert on April 23, 2009, alleging injuries on January 28, 2007 and March 14, 2007, later consolidating and amending to allege injuries around July 23, 2007; the two-year statute of limitations under 71-3-35(1) was at issue, with the AJ and Commission ruling the claim time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two-year statute of limitations bars Smith's claims | Smith argues the injury became reasonably apparent later, delaying accrual. | Nissan contends the statute began when Smith knew or should have known of her injury on February 19, 2007. | Yes, time-barred; statute began February 19, 2007, and no timely filing. |
Key Cases Cited
- Shipp v. Thomas & Betts, 13 So.3d 332 (Miss.Ct.App.2009) (de novo review for statute of limitations; evidence-supported findings)
- Lucas v. Angelica Unif. Grp., 733 So.2d 285 (Miss.Ct.App.1998) (latent/injury-progressive framework for accrual)
- Baker v. IGA Super Valu Food Store, 990 So.2d 254 (Miss.Ct.App.2008) (progressive injury standard for accrual)
- Tabor Motor Co. v. Garrard, 233 So.2d 811 (Miss.1970) (reasonably apparent injury standard for limitations)
- Harper v. N. Miss. Med. Ctr., 601 So.2d 395 (Miss.1992) (standard for latent injuries and accrual in workers' compensation)
- Jordan v. Pace Head Start, 852 So.2d 28 (Miss.Ct.App.2002) (substantial evidence standard for Commission factual findings)
- Ga. Pac. Corp. v. Taplin, 586 So.2d 823 (Miss.1991) (statute-of-limitations interpretation in workers' compensation)