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Evergreen Packaging Inc. v. Prather

The trial court properly found that some evidence supported the ALJ's finding that the employee suffered a new injury and, accordingly, the statute of limitations did not bar his workers' compensation claim.

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Larry T. Prather sought workers’ compensation benefits from his employer, Evergreen Packaging, Inc., claiming that he injured his back at work. An administrative-law judge the “ALJ” found that Prather suffered a compensable injury and the superior court affirmed the award. Following our grant of their application for discretionary appeal, Evergreen Packaging and servicing agent Gallagher Bassett Services collectively, “Evergreen” contend that Prather sustained a change in condition to an injury he suffered in 2002, for which he received income and medical benefits, and that Prather’s claim was therefore barred by the statute of limitations. Because we conclude that there was some evidence to support the ALJ’s finding as adopted by the Board that Prather suffered a new injury, we affirm.

The record reflects that Evergreen manufactures milk and juice cartons. Prather began employment with Evergreen’s predecessor in 1974. In February 2002, Prather was working as a warehouseman loading trucks when he injured his back operating a forklift and was not able to work for a period of time. As a result of this injury, Evergreen paid Prather temporary total disability income benefits for over five weeks and also provided him with medical treatment.

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