Misdiagnosis delays running of statute of limitations

The time for an employee to file a claim for a workplace injury begins when he becomes aware of his injury. However, a recent case from the Arkansas Court of Appeals shows us that a misdiagnosis can make the timeline for “becoming aware” more complicated than meets the eye.

Facts

Will Hill worked for Cooper Tire & Rubber Company for 25 years, in various jobs requiring strenuous work which entailed hand-intensive, repetitive movement. Hill had previous medical issues with his neck and shoulder from a work-related neck injury that occurredaround 2010. He began reporting tingling and numbness in his hands to his physician around 2014 or 2015, which were both attributed to the 2010 neck injury.

Since the 2010 injury, Hill had been diagnosed with degenerative disc disease (DDD) in his neck and had undergone treatment for this condition for several years. From 2014 until 2019, he went to several physicians for treatment due to the pain, numbness, and tingling. In each instance, his symptoms were attributed to his prior neck injury and diagnosis of DDD.

In May 2019, Hill injured his wrist while working and was sent to HealthCare Express, a work-related-injury clinic. An x-ray showed no injury to Hill's wrist, and he was told to rest for a couple of days.

On May 30, he saw Dr. Marcus Smith. During the appointment, Hill complained of arm pain, numbness in his hand, and severe neck pain that he attributed to his previous neck injury. The doctor ordered a bilateral electromyography (EMG) and nerve-conduction study of the upper extremities.