In a unanimous opinion, the Tennessee Supreme Court ruled that the statute of limitations on a workers’ compensation claim does not begin to run until an employee discovers or, in the exercise of reasonable diligence, should have discovered that he has a claim.
On June 23, 2008, Steven Ratliff was diagnosed with Post-Traumatic Stress Disorder caused by viewing bodies of two co-workers who died in separate workplace accidents earlier that year. Exactly one year after the diagnosis, Mr. Ratliff requested a benefit review conference.
The employer, Gerdau Ameristeel, Inc., argued that the statute of limitations began to run from the date of the second accident and that the claim was barred. Mr. Ratliff contended that the statute of limitations did not begin to run until his diagnosis date. The trial court agreed with employer. However, the trial court determined that Mr. Ratliff could not have discovered his injury until his diagnosis and if the statute of limitations did not bar his claim, Mr. Ratliff was entitled to an award of 20 percent permanent partial disability.
Today, the Court reversed the trial court’s decision, holding that the statute of limitations began to run on the date of the accident but was tolled until Mr. Ratliff discovered his injury. The statute of limitations therefore does not bar Mr. Ratliff’s claim because the trial court found that Mr. Ratliff could not have discovered his injury prior to his diagnosis.
The case is remanded for entry of a judgment awarding Mr. Ratliff permanent partial disability consistent with the trial court’s alternative findings.
To read the Gerdau Ameristeel, Inc. v. Steven Ratliff opinion authored by Justice Janice M. Holder, visit http://www.tncourts.gov/sites/default/files/gerdauopn.pdf.