Levan v. Independent Mall

Summary

Case Overview: Under Delaware § 2361(b), workers' compensation payments were made in any case under an agreement approved by the Board, the statute of limitations did not take effect until five years from the time of the making of the last payment for which a proper receipt was filed with the Delaware Department of Labor. The employer's carrier mailed the last medical benefits check to the claimant's medical provider more than five years before the claimant filed the instant claim. Between the time the carrier mailed the check, and the time the provider deposited it, the claimed filed his petition for additional benefits. There was no evidence as to when the provider actually received the check. The claimant alleged that as he filed his petition within five years of the date the check was deposited by the provider, his claim was not time-barred.

Outcome: The high court disagreed. A payment was "made" for purposes of the statute of limitations when a check was mailed to the claimant or a medical provider, conditioned on the check's being negotiable and ultimately received, which the employer established. Therefore, the claimant's petition was time-barred.

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