Capitano v. Stonewall Kitchens

Insurance Company

The Harford Insurance Company

Date Decided

August 4, 2014

Panel Members

Garry Greene

Evelyn Knopf

Tom Pelletier


Notice Statute of Limitations


Notice of Injury Mistake of Fact Timely Notice

File Size

166 KB


Summary from the Troubh Heisler Attorneys

The panel affirmed the hearing officer’s ruling that Capitano’s petition for award was not barred by untimely notice of her injury because there was competent evidence in the record court the hearing officer’s finding that Capitano was under a mistake of fact about the cause of her injury, and that she gave notice within 90 days of the correction of that mistake of fact. The panel cited a medical report establishing that Capitano was aware that her injury was work related on February 14, 2011, and her testimony that she gave notice to her supervisor who stopped working at the employer on March 1, 2011. The employer apparently argued that there was evidence that Capitano first became aware of the relationship between her employment and her injury before February 14, 2011, making the notice untimely, but the panel did not address that issue.

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