BAKER'S CASE

No. 00-P-1874.

55 Mass. App. Ct. 628 (2002)

JOSEPH BAKER'S CASE.

Court of Appeals of Massachusetts, Suffolk.

August 20, 2002.


Attorney(s) appearing for the Case

John F. McGrail for Joseph Baker.

James E. Ramsey for Cigna Property & Casualty Insurance Co.

Present: BECK, BERRY, & McHUGH, JJ.


BERRY, J.

There is a four-year limitations period under G. L. c. 152, § 41, that governs the filing of a workers' compensation claim. There is also a tolling provision in § 41, which extends the statute of limitations if the insurer is paying workers' compensation benefits for the injury — even if no claim has been filed. The question presented is whether the tolling provision of § 41 applies exclusively to the claim filing for the particular...

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