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Sagely v. ABC Rail Products Corporation12/17/1999
ddress it. Andrews v. Merritt Oil Co., 612 So. 2d 409 (Ala. 1992). However, we do note that this argument has no merit, because ABC had informed Sagely on at least three different occasions before the limitations period expired that it did not acknowledge his neck injury as a work-related injury and that it disputed the claim.
Sagely also argues that he was incapacitated after his shoulder surgeries and, therefore, that the limitations period should have been extended to a point at least two additional years beyond the date of his last surgery, on July 30, 1996. Section 25-5-80 provides that in case of physical or mental incapacity to perform any act required within the time specified under that Code section, the limitations period shall be extended two additional years from the date the incapacity ceases. Again, it appears that this argument is raised for the first time on appeal, and we will not address it. Andrews, supra. However, we do note that this argument is not supported by the evidence in this case.
AFFIRMED.
Robertson, P.J., and Monroe, Crawley, and Thompson, JJ., concur.
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