If, just before the one-year anniversary, the employee's claim under submission, what is the status of the statute of limitations?

If, just before the one-year anniversary, the employee's claim under submission, what is the status of the statute of limitations?

• A. Tolled indefinitely
• B. Not tolled
• C. Tolled for the period under consideration and for 60 days after issuance of a recommendation
• D. Tolled for one year

Answer: (C)

The clock for the statute of limitations can be paused when a workers’ compensation claim is actively being processed. If the claim is under submission just before the one-year mark, that time is tolled, and it stays paused for the entire period the claim is under submission. After a recommendation is issued, the clock remains tolled for an additional 60 days to give the parties time to act on that recommendation. So, the statute of limitations is tolled for the period the claim is under submission plus 60 days after the issuance of a recommendation.

The clock for the statute of limitations can be paused when a workers’ compensation claim is actively being processed. If the claim is under submission just before the one-year mark, that time is tolled, and it stays paused for the entire period the claim is under submission. After a recommendation is issued, the clock remains tolled for an additional 60 days to give the parties time to act on that recommendation. So, the statute of limitations is tolled for the period the claim is under submission plus 60 days after the issuance of a recommendation.