Niblett v. Piedmont Aviation, Inc
In Niblett v. Piedmont Aviation, Inc., 12 Va. App. 652, 405 S.E.2d 635 (1991), after receiving benefits pursuant to a de jure award, the claimant went back to work.
When the claimant's injuries flared up again and she was unable to work, the employer voluntarily began making disability payments to her.
The employer submitted a proposed supplemental memorandum of agreement to the claimant, but she refused to sign it.
Thereafter, the claimant filed an application seeking to have the commission compel the employer to continue making the disability payments that it had been making until approximately seven months before the date of the application.
The application was filed nearly four years after the last disability payment made pursuant to the de jure award.
The commission held that, although a mistake of fact existed regarding whether an open award existed when the employer ceased its voluntary payments, the claimant was barred from pursuing her claim because it was filed outside the statute of limitations period. See Niblett, 12 Va. App. at 654, 405 S.E.2d at 637.