ALJ MOSSER (WASHINGTON) FINDS NOTICE OF INJURY TO BE UNTIMELY UNDER 12(d)(1) AND NOT EXCUSED UNDER 12(d)(2)

READ FULL DECISION - JONES vs. FLORIDA INTERNATIONAL TERMINAL

The testimony of FIT’s operations manager clearly establishes that the company did not know of the claimed December 19, 2009 injury until Mr. Jones visited his office on March 5, 2010 to report it.  Therefore, claimant’s untimely notice of his injury is not excused under Section 12(d)(1) of the Act.



I also agree with employer/carrier that it has been prejudiced by the lack of knowledge of the claimed injury until seventy-six days after it allegedly occurred.  It could have investigated the accident and interviewed anyone working on that day, especially the employee named Rudy who Mr. Jones claims he was working with on that day.  See Strachan Shipping Co. v. Davis, 571 F.2d 968 (5th
Cir. 1978).  Therefore, I find the claimant’s failure to give timely notice to his
employer is not excused under Section 12(d)(2).  His claim for compensation against this employer for any injury suffered on December 19, 2009 is barred under Section 12(a) of the Act.