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Appel of Rhuland9/30/1998
to temporary total disability benefits from August 1994 forward. In its decision, the board relied upon an independent medical examiner's observation that the petitioner's condition apparently arose from "trauma incurred in the course of work in February 1990 and had incompletely recovered when it was reaggravated by a second injury in January 1991." The board subsequently denied the respondent's motion for rehearing, noting that the petitioner's medical condition "emanates from the trauma incurred from February 1990 work injury." Contrary to the respondent's argument, this ruling did not alter the board's prior Conclusion that the petitioner suffered from cumulative trauma which became disabling in August 1994. Thus, the four-year filing period began to run as of August 1994 when the petitioner's cumulative trauma became disabling. Because the record clearly shows, and the respondent does not dispute, that the petitioner filed her workers' compensation claim within four years of August 1994, we reject the respondent's argument that the four-year filing period under RSA 281-A:48 bars her claim for relief.
Consequently, the board erred as a matter of law in concluding that RSA 281-A:48 bars the petitioner's claim for workers' compensation benefits. Accordingly, we reverse the board's decision and remand for an order requiring the respondent to pay the petitioner temporary total disability benefits from August 1994 forward consistent with the board's May 17, 1996, decision, as well as any other amounts to which the petitioner may be entitled. See RSA 281-A:44, I (Supp. 1997).
Reversed and remanded.
BRODERICK, J., sat but did not participate in the decision; the others concurred.
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