Citations
- 38 Ohio St. 3d 187
Full opinion text
Wright, J.
The sole issue before this court is whether appellee’s request for recognition of additional conditions (chondromalacia of the patella and arthritic changes of the left knee) is barred by the two-year statute of limitations of R.C. 4123.84.
Appellant argues that the additional conditions were barred by the statute because no formal application for allowance was made until June 30, 1983. The trial court, relying on Mewhorter v. Ex-Cell-O Corp. (1986), 23 Ohio St. 3d 13, 23 OBR 11, 490 N.E. 2d 610, found that notice was given within the two-year period by way of the filing of a fee bill. The court of appeals affirmed the trial court’s decision but on a different basis, i.e., the two-year statute of limitations was met when appellee gave notice of her initial compensation claim in 1972. We agree with the analysis of the court of appeals.
R.C. 4123.84 provides in pertinent part:
“(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within two years after the injury or death:
“(1) Written notice of the specific part or parts of the body claimed to have been injured has been made to the industrial commission or the bureau of workers’ compensation; sfc *
“(3) In the event the employer has elected to pay compensation or benefits directly, one of the following has occurred:
“(a) Written notice of the specific part or parts of the body claimed to' have been injured has been given to the commission or bureau, or the employer has furnished treatment by a licensed physician in the employ of an employer; providing, however, that the furnishing of such treatment shall not constitute a recognition of a claim as compensable, but shall do no more than satisfy the requirements of this section; * *