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A Dormant Claim, a Strong Defense, and a Take Nothing Win

A strong defense is not just about the facts. It is about knowing how to apply the law when it matters most. In this case, Associate Attorney, David Seymour, secured a Take Nothing through a thoughtful and well-executed defense strategy.

The claim involved a middle-aged housekeeper who alleged injury to her right shoulder and fingers. Although she had previously treated for the injury, there had been no continuing treatment since 2020. Years later, an Application for Adjudication of Claim was filed after the claim had long gone quiet.

David built the defense around the statute of limitations, carefully applying the law to the case timeline and showing that the claim was barred. He also addressed the Reynolds doctrine and demonstrated that it did not prevent the employer from asserting this defense under these facts. His clear analysis and strategic approach proved decisive.

The judge agreed and ruled in David’s favor, finding that the claim was barred by the statute of limitations. The result: A Take Nothing!

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Statute of Limitations

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