At 1:00 the COA will hear the workers comp. case of Richard Arender v. the Mississippi Department of Transportation.
Richard Arender was working for MDOT when in August of 2012 he injured his lower back while climbing out of a ditch. He reported the injury to his employer. MDOT paid for his medical care but discontinued this after two years. On September 25, 2014, Arender filed a Petition to Controvert. MDOT moved to dismiss based on the statute of limitations which was granted. Arender argues that he was receiving medical payments and temporary total disability payments and, thus, the statute of limitations was tolled. MDOT argues that the temporary total disability payments paid to Arender were for a 2009 injury and not the 2012 injury and the SOL was not tolled.
The Department of Transportation’s brief
Watch the argument here