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Hamilton v. Ford6/1/1999
ial court erred in failing to find that her claim is barred by the statute of limitations. Rogers, 328 S.C. at 418-19, 491 S.E.2d at 710-11.
The lead commentator in this country on Workers' Compensation law posits the general rule: "Even under a statute that specifically requires the filing of a claim, most courts will accept as the equivalent of a statutory claim any paper that contains the substance usually supplied by a formal claim, although the form may be defective." 3 Arthur Larson & Lex K. Larson, Workers' Compensation Law ยง 77A.31 (1998). A Form 15 gives all of the information that could reasonably be required to be contained in a claim.
Bob Bennett contends Gold and its progeny are not applicable to this case because Hamilton signed a Form 17 stating he had returned to work without restriction on September 21, 1992. It maintains the only issue before the Commission was the issue of temporary total disability, with final adjudication pursuant to the Form 17. An employer can submit a Form 17 to a claimant for signature " hen the claimant completes fifteen calendar days of work, or fifteen days after the claimant agrees he or she could have returned to work." 25A S.C. Code Ann. Regs. 67-505(E) (Supp. 1998). Temporary compensation is terminated by the filing of the signed Form 17. Id. However, a signed Form 17 does not terminate an employee's claim or affect his right to apply for future benefits. Id. Specific language in Form 17 expressly preserves any right to future benefits by a claimant. Here, the Form 17 was not approved by the Commission. Moreover, it was not, as advanced by Bob Bennett, an order or judgment final in its effect terminating litigation.
In the case sub judice, Hamilton and Bob Bennett executed a Form 15 agreement that was approved by the Commission within four months of Hamilton's accident. The agreement contained all of the information necessary for the filing of a claim. Furthermore, the Form 17 did not have the effect of terminating Hamilton's claim. The Form 17 clearly stated Hamilton had not given up the right to further compensation. Once the Form 15 was timely filed and approved, the claim was established and the statute of limitations could no longer pose a bar.
Bob Bennett argues Henderson v. West Point Pepperell, Inc., 279 S.C. 171, 303 S.E.2d 859 (1983), controls in statute of limitations cases where a Workers' Compensation claimant signs a Form 17 and returns to work. This reliance is misplaced. There is no reference to a Form 17 in Henderson. Any contention otherwise is mere speculation. Further, no other writing is mentioned in Henderson. There is no indication of any agreement approved by the Commission. Henderson does not imply that Form 17 changes anything.
As an alternative ground for affirming the Commission's decision to deny Hamilton's claim based on the statute of limitations, Bob Bennett claims Hopkins v. Floyd's Wholesale, 299 S.C. 127, 382 S.E.2d 907 (1989), governs because there was no Form 15 between the parties regarding a back injury so that "the cases relied on by [Hamilton] for the proposition that the filing of a Form 15 constitutes the filing of a claim do not apply to the case at bar." This assertion is erroneous.
According to Hopkins, where a claimant fails to file a claim within the limitations period and the employer makes voluntary compensation payments that lead the claimant to believe his claim will be honored, the two year statute of limitations period applicable to Workers' Compensation claims is tolled during the period of the claimant's reliance. The sole issue before the Hopkins Court was the appropriate rule governing the period for timely filing of Workers' Compens
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