Cibula v. Allied Fibers & Plastics

In Cibula v. Allied Fibers & Plastics, 14 Va. App. 319, 325, 416 S.E.2d 708, 711 (1992), the commission found that when the claimant asked the employer's agent what he needed to do, the agent informed the claimant that he needed to do nothing except turn in his expense statements. See 14 Va. App. at 321, 416 S.E.2d at 709. There was a further finding that the employer's agent told the claimant that "the claim had been turned in to the . . . Commission." Id. The commission further found that claimant never received the "Blue Letter" from the commission, which would have provided the claimant with the statutory notice concerning the filing procedure. See 14 Va. App. at 321-22, 416 S.E.2d at 709-10. The Court found that the uncontroverted evidence supported the claimant's contentions that he had no reason to know that he had to take other action on his claim and that he relied upon the agent's representation. See 14 Va. App. at 325, 416 S.E.2d at 711-12. In reversing the commission, this Court found that the claimant need not prove that the representation be false or that the employer intended to induce reliance. See id.