Tuck v. Goodyear Tire & Rubber Co., 623 S.E.2d 433 (Va. Ct. App. 2005). · Go Syfert
Tuck v. Goodyear Tire & Rubber Co., 623 S.E.2d 433 (Va. Ct. App. 2005). Cases Citing This Book View Copy Cite
156 citation events (156 in the last 25 years) across 1 distinct court.
Strongest positive: Marcus Antonio Hunter v. Commonwealth of Virginia (vactapp, 2025-05-13)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 40 distinct citers.
discussed Cited as authority (rule) Marcus Antonio Hunter v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Similarly, “[w]hether -6- a claim is barred by the statute of limitations is a question of law.” Taylor v. Commonwealth, 64 Va. App. 282, 285 (2015) (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005)).
discussed Cited as authority (rule) Melissa Trent v. Onderlaw, LLC, d/b/a The Onder Law Firm
Va. Ct. App. · 2024 · confidence medium
Trent also alleged that through these failures OnderLaw breached the retainer agreement and the firm’s “duty to perform its 2 Trent alleges that her claims expired “not later than November 2019.” “Whether a claim is barred by the statute of limitations is a question of law.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005).
discussed Cited as authority (rule) Mary Pat O'Brien v. Northern Virginia Community College/Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“However, we are bound by the Commission’s factual findings and reasonable inferences drawn from the evidence if they are supported by credible evidence in the record.” Id. at 200-01 (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 (2005)).
cited Cited as authority (rule) Christopher Pompell v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Ruderman v. Pritchard, 76 Va. App. 295 , 302 (2022) (statutory interpretation); Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005) (statute of limitations).
discussed Cited as authority (rule) David Willems v. James Batcheller
Va. Ct. App. · 2023 · confidence medium
Anderson v. Anderson, 29 Va. App. 673, 686 (1999) (“It is well established that the trier of fact ascertains a witness’ credibility, determines the weight to be given to their testimony, and has the discretion to accept or reject any of the witness’ testimony.” (quoting Street v. Street, 25 Va. App. 380, 387 (1997) (en banc))). “[W]hether a claim is barred by the statute of limitations is a question of law . . . .” Philip Morris USA, Inc. v. Mease, 62 Va. App. 190, 198 (2013) (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005)).
discussed Cited as authority (rule) Glenn Rich v. Facebook Inc. VA OCIP, Chubb Indemnity Ins. Co. and Esis, Inc.
Va. Ct. App. · 2022 · confidence medium
“On appeal, we defer to the [C]omission in its role as fact finder[,]” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 (2005); however, “the [C]ommission’s legal determinations are not binding on appeal and 7 Because its ruling on res judicata fully resolved the case, the Commission did not reach the question of whether Rich’s treatment at UVA was unauthorized. - 11 - will be reviewed de novo.” Wainwright v. Newport News Shipbuilding & Dry Dock Co., 50 Va. App. 421, 430 (2007).
discussed Cited as authority (rule) Jennifer Johnson, Widow of David Johnson v. General Dynamics Corp.and New Hampshire Ins. Company (2×) also: Cited "see"
Va. Ct. App. · 2022 · confidence medium
However, if this separate accident is viewed independent of the compensable consequence doctrine as a new and separate claim, whether or not claimant properly filed is a critical determination. - 13 - reviewed de novo, “[w]hether the information filed with the commission is sufficient to constitute a timely filed claim for a particular injury is a question of fact [that] . . . will not be disturbed on appeal if supported by credible evidence.” Id. (emphasis added) (first quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 285 (2005); and then Corp. Res.
discussed Cited as authority (rule) Juan Viera Lazo v. Wholesome Energy, LLC and Accident Fund General Insurance Company
Va. Ct. App. · 2020 · confidence medium
This Court ‘review[s] questions of law de novo.’” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005) (quoting Tomes v. James City (County of) Fire, 39 Va. App. 424, 430 (2002)). “[T]his Court is not ‘bound by the legal determinations made by the commission.’” Id. (quoting -5- Grayson (County of) Sch.
cited Cited as authority (rule) Kelly Roane v. Washington Metropolitan Area Transit Authority
Va. Ct. App. · 2020 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 (2005).
cited Cited as authority (rule) Janet Ramallo v. Fairfax County and Fairfax County Board of Supervisors
Va. Ct. App. · 2020 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 (2005).
cited Cited as authority (rule) Shannon Conner v. City of Danville
Va. Ct. App. · 2019 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 (2005).
cited Cited as authority (rule) Lourdes Iglesias v. QVC Suffolk Inc. and Liberty Insurance Corporation
Va. Ct. App. · 2019 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005) (quoting Tomes v. James City (Cty. of) Fire, 39 Va. App. 424, 430 (2002)).
cited Cited as authority (rule) Tracy Irby v. Lifepoint Health and Safety National Casualty Corporation
Va. Ct. App. · 2019 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005); see Grayson (County of) Sch.
cited Cited as authority (rule) Daniel L. Rigdon v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
This Court reviews questions of law de novo.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2005).
discussed Cited as authority (rule) Nicholas Maldonado v. Federal Express Corporation
Va. Ct. App. · 2017 · confidence medium
Whether a claim is barred by the statute of limitations is a legal question we review de novo, and “this Court is not bound by the legal determinations made by the commission.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005).
discussed Cited as authority (rule) Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
This Court ‘review[s] questions of law de novo.”’ Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 284 , 623 S.E.2d 433, 437 (2005) (quoting Tomes v. James City Fire, 39 Va.App. 424, 430 , 573 S.E.2d 312, 315 (2002) (internal quotation marks and citation omitted)).
discussed Cited as authority (rule) Sherri Holyfield v. Sentra Healthcare and Sentra Healthcare, Inc.
Va. Ct. App. · 2014 · confidence medium
Whether a claim is barred by the statute of limitations is a legal question we review de novo, and “this Court is not bound by the legal determinations made by the commission.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (internal quotation marks omitted).
discussed Cited as authority (rule) Kmart Corporation and Sedgwick Claims Management Services, Inc. v. Wayne Beery
Va. Ct. App. · 2014 · confidence medium
Case law makes clear that the party seeking to invoke the doctrine of imposition must make “a threshold showing of unfairness.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 285 , 623 S.E.2d 433, 437 (2005).
discussed Cited as authority (rule) Philip Morris USA, Inc. v. Wilbur N. Mease
Va. Ct. App. · 2013 · confidence medium
The question of “[w]hether a claim is barred by the statute of limitations is a question of law[,]” which “[t]his Court ‘reviews ... de novo.’ ” Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 284 , 623 S.E.2d 433, 437 (2005) (quoting Tomes, 39 Va.App. at 429-30 , 573 S.E.2d at 315 ).
discussed Cited as authority (rule) Barbara Williams-Davidson v. Inova Fairfax Hospital and Inova Health System Foundation, Inc.
Va. Ct. App. · 2013 · confidence medium
This Court ‘review[s] questions of law de novo.’” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (quoting Tomes v. James City Fire, 39 Va. App. 424, 430 , 573 S.E.2d 312, 315 (2002) (internal quotation marks and citation omitted)).
cited Cited as authority (rule) The Dealer's Lot, Inc. and Erie Insurance Exchange v. Lydia Carol Jenkins
Va. Ct. App. · 2012 · confidence medium
Found., 50 Va. App. 674, 687 , 653 S.E.2d 592, 598 (2007) (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 285 , 623 S.E.2d 433, 437 (2005)).
cited Cited as authority (rule) MARSHALLS, INC. v. Huffman
Va. Ct. App. · 2011 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 284 , 623 S.E.2d 433, 437 (2005).
examined Cited as authority (rule) Hampton Inn v. King (3×) also: Cited "see"
Va. Ct. App. · 2011 · confidence medium
Found., 50 Va.App. 674, 687 , 653 S.E.2d 592, 598 (2007) (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 285 , 623 S.E.2d 433, 437 (2005)).
cited Cited as authority (rule) Big Lots Stores, Inc. and v. Judy Diane Browning
Va. Ct. App. · 2010 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 , 623 S.E.2d 433, 436 (2005).
discussed Cited as authority (rule) Gwaltney of Smithfield, Ltd. and Ace American Insurance Company v. Tony Peele
Va. Ct. App. · 2010 · confidence medium
STANDARD OF REVIEW Though the question of “whether a claim is barred by the statute of limitations is a question of law,” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005), “[w]hether a diagnosis of an occupational disease was communicated and when the communication occurred are factual determinations to be made by the commission” and “will be * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 Smithfield also contends the commission erred in concluding claimant’s condition was compensable.
discussed Cited as authority (rule) Hitt Construction and Zurich American Insurance Company v. Richard John Edward Pratt, Jr.
Va. Ct. App. · 2010 · confidence medium
Though the question of “whether a claim is barred by the statute of limitations is a question of law,” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005), “[w]hether the information filed with the commission is sufficient to constitute a timely filed claim for a particular injury is a question of fact, and the commission’s finding will not be disturbed on appeal if supported by credible evidence,” Southers, 51 Va. App. at 127 , 655 S.E.2d at 38 .
discussed Cited as authority (rule) Dominion Coal Corp. v. Bowman
Va. Ct. App. · 2009 · confidence medium
Under settled principles, “we defer to the commission in its role as fact finder.” Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 282 , 623 S.E.2d 433, 436 (2005) (citing VFP, Inc. v. Shepherd, 39 Va.App. 289, 292 , 572 S.E.2d 510, 511 (2002)). “‘If supported by credible evidence, the factual findings of the commission are binding on appeal.’ ” Id. (quoting Tomes v. James City Fire, 39 Va.App. 424, 430 , 573 S.E.2d 312, 315 (2002)).
discussed Cited as authority (rule) Sam Moore Furniture Industries and v. Jerry Allen Smith
Va. Ct. App. · 2008 · confidence medium
Absent a recognized exception to the statute of limitations, see, e.g., Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284-85 , 623 S.E.2d 433, 437 (2005) (discussing tolling, estoppel, and doctrine of imposition), the timely filing of a claim is jurisdictional, Barksdale v. H.O.
cited Cited as authority (rule) Michael Peron v. Roanoke Express and Villanova Insurace Company/Virginia Property, etc.
Va. Ct. App. · 2008 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (citations omitted).
discussed Cited as authority (rule) Corporate Resource Management Inc. v. Southers (2×)
Va. Ct. App. · 2008 · confidence medium
Nor can Southers’s argument be squared with Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 283 , 623 S.E.2d 433, 436 (2005), which applied the statute of limitations to an untimely claim for a “neck” injury when the timely claim, memorialized in a memorandum of agreement, identified only injuries to the “lower back and right shoulder.” Id. (affirming Tuck v. Goodyear Tire & Rubber Co., VWC File No. 204-66-57, 2005 Ya.
discussed Cited as authority (rule) Miller v. Potomac Hospital Foundation
Va. Ct. App. · 2007 · confidence medium
“The application of the doctrine, however, requires a threshold showing of unfairness.” Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 285 , 623 S.E.2d 433, 437 (2005). “[T]he doctrine of imposition focuses on a party’s or the commission’s ‘use of superior knowledge [of, or] experience with[,] the ...
examined Cited as authority (rule) CORPORATE RESOURCE MANAGEMENT, INC. v. Southers (5×) also: Cited "see", Cited "see, e.g."
Va. Ct. App. · 2007 · confidence medium
In the absence of a genuine dispute of material fact, the question whether "a claim is barred by the statute of limitations is a question of law." Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005).
discussed Cited as authority (rule) James Melvin Ashby v. Ramar Coal Company, Inc.
Va. Ct. App. · 2007 · confidence medium
See Cibula v. Allied Fibers & Plastics, 14 Va. App. 319, 324 , 416 S.E.2d 708, 711 (1992) (“An employer’s voluntary payment of an injured employee’s medical bills does not estop the employer from invoking the statute of limitations of Code § 65.1-87 (now Code § 65.2-601).”), aff’d, 245 Va. 337 , 428 S.E.2d 905 (1993) (per curiam); Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 285 , 623 S.E.2d 433, 437 (2005) (“The application of the [imposition] doctrine, however, requires a threshold showing of unfairness: ‘The doctrine focuses on an * Pursuant to Code § 17.1-413, this…
examined Cited as authority (rule) Corporate Resource Management, Inc. v. Southers (10×) also: Cited "see", Cited "see, e.g."
Va. Ct. App. · 2007 · confidence medium
In the absence of a genuine dispute of material fact, the question whether “a claim is barred by the statute of limitations is a question of law.” Tuck v. Goodyear Tire & Rubber Co., 47 Va.App. 276, 284 , 623 S.E.2d 433, 437 (2005).
discussed Cited as authority (rule) Tidewater Academy, Inc. and Hartford Underwriters Insurance Company v. Elizabeth Evans (2×)
Va. Ct. App. · 2007 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (citing Am.
examined Cited as authority (rule) ITT Industries, Inc. and Ace American Insurance Company v. Yvonne E. Taylor (3×) also: Cited "see"
Va. Ct. App. · 2007 · confidence medium
Luedke and Wilkerson, as Taylor’s “treating physicians,” than the opinion of Dr. Joiner, as an “authorized treating physician,” a determination we will not disturb on appeal. “[W]e defer to the commission in its role as factfinder.” Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 , 623 S.E.2d 433, 436 (2005) (citation omitted).
cited Cited as authority (rule) B & H Construction, Inc. and Erie Insurance Exchange v. Harold J. Baker
Va. Ct. App. · 2006 · confidence medium
Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 279 , 623 S.E.2d 433, 434 (2005).
discussed Cited "see" County of Henrico and PMA Management Corporation, TPA v. Casie O'Neil
Va. Ct. App. · 2022 · signal: see · confidence high
See Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2008) (holding that the Commission did not err in finding no proof of “mutual mistake” where the claimant represented to the Commission that “all issues were resolved” by the award agreement).
discussed Cited "see" County of Henrico and PMA Management Corporation, TPA v. Casie O'Neil
Va. Ct. App. · 2022 · signal: see · confidence high
See Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 (2008) (holding that the Commission did not err in finding no proof of “mutual mistake” where the claimant represented to the Commission that “all issues were resolved” by the award agreement).
discussed Cited "see" Trans Tech Auto, Inc. and Peninsula Insurance Company v. Steven Todd Landes (2×)
Va. Ct. App. · 2010 · signal: see · confidence high
See Dominion Coal Corp. v. Bowman, 53 Va. App. 367, 373 , 672 S.E.2d 122, 126 (2009) (explaining that this Court is bound by the factual findings of the commission to the extent they are “‘supported by credible evidence’” (quoting Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 282 , 623 S.E.2d 433, 436 (2005))).
Brenda M. TUCK
v.
GOODYEAR TIRE & RUBBER COMPANY and Liberty Insurance Corporation
1107053.
Court of Appeals of Virginia.
Dec 28, 2005.
623 S.E.2d 433
Philip B. Baker (Sanzone & Baker, P.C., on brief), Lynch-burg, for appellant., James A.L. Daniel (Janine M. Jacob; Daniel, Vaughan, Medley & Smitherman, P.C., on brief), Danville, for appellees.
Humphreys, Felton, McClanahan.
Cited by 44 opinions  |  Published
Pinpoint authority: bottom 51%
McCLANAHAN, Judge.

Brenda M. Tuck (claimant) appeals a decision of the Workers’ Compensation Commission denying her claim of benefits from Goodyear Tire & Rubber Company (employer). Claimant contends that the commission erred in finding that: (1) all[*279] claims for benefits were resolved by a memorandum of agreement (MOA) between claimant and employer; and (2) the two-year statute of limitations barred claimant’s additional claims. For the reasons that follow, we affirm the decision of the commission.

I. Background

On appeal from a decision of the commission, “we view the evidence in the light most favorable to the party prevailing below” and grant that party the benefit of all reasonable inferences. Tomes v. James City (County of) Fire, 39 Va. App. 424, 429-30, 573 S.E.2d 312, 315 (2002); see also Grayson (County of) Sch. Bd. v. Cornett, 39 Va.App. 279, 281, 572 S.E.2d 505, 506 (2002). On September 22, 2000, claimant was ejected from a truck pulling an empty tread trailer when it overturned and threw her into a tire machine. According to emergency room records, she sustained multiple injuries including cervical strain, lumbar strain, shoulder pain, a right rotator cuff tear, and an injury to her right hand. She was treated for her injuries by Dr. Joseph C. Campbell and Dr. Robert E. Cassidy, both orthopedic surgeons, in the months following the accident. She underwent rotator cuff repair surgery in November 2000. On March 5, 2001, Dr. Cassidy released claimant to light-duty work beginning the following week.

Claimant filed a claim for benefits on April 4, 2001, seeking benefits for a torn rotator cuff, a right-hand sprain, and “L(ower)-U(pper) Back” contusions stemming from the accident. She amended her claim on April 11, 2001, to include a torn rotator cuff, an upper-lower back sprain, and a hand sprain. On April 16, 2001, the commission notified claimant that an agreement to pay benefits was required to be filed before the claim could be processed. On April 23, 2001, employer’s insurer filed an unexecuted memorandum of agreement (MOA), which indicated that the injury was a “lower back and right shoulder contusion.” The employer’s first report of accident (EFRA), which was also filed on April 23, 2001, indicated that Dave Cutchin was the claim processor.

[*280] Claimant and Cutchin signed the MOA, which listed the “nature of injury or illness, including parts of body affected” as the “Mower back and right shoulder.” Five subsequent supplemental agreements to pay benefits, signed by claimant and Cutchin, also indicated that the injury was to the lower back and right shoulder.

The deputy commissioner informed claimant and Cutchin about the claim documents the commission had received and asked the parties to provide, inter alia, the properly executed MOA. The deputy commissioner also wrote:

If the claimant is satisfied that all issues raised in her April 4, 2001, Claim for Benefits and as amended on April 11, 2001, have been resolved by the Agreement forms, she should notify the Commission and Mr. Cutchin in writing on or before July 17, 2001, that the August 2, 2001, hearing is not necessary. After I receive the claimant’s correspondence, I will issue an Order removing this matter from the Hearing Docket. If I do not hear from the claimant, this matter will remain on my hearing docket for an evidentiary hearing on August 2, 2001.

(Emphasis in original.) On July 6,2001, claimant filed a handwritten letter requesting that the dispute be removed from the hearing docket. She wrote, “I, Brenda M. Tuck, do hereby request that my case, VWC #204-66-57 be taken off the court dockets. I understand that my case manager, David M. Cutchin has has [sic] complied with all the requirements in this case, and filed all the legal paperwork.” The executed MOA was approved by the commission on October 26, 2001.

On December 17, 2001, claimant was treated by Dr. Cassidy, who noted she had persistent shoulder problems. A couple of months later, he noted that claimant required repeat shoulder surgery, which was performed on March 26, 2002. Claimant was again released to light-duty work by Dr. Cassidy in October 2002.

Claimant continued to have right shoulder weakness, and she continued treatment with Dr. Cassidy. Dr. Cassidy ordered an MRI in March 2003, which showed claimant had a[*281] large herniated cervical disk. He opined that the herniated disk “probably occurred” at the time of her injury. On April 14, 2003, claimant informed the commission by letter that employer refused to cover treatment for the cervical condition on the basis that it was not a work-related injury. Based on her doctor’s statements, claimant contended that it arose from the original injury. The deputy commissioner notified claimant and employer that claimant’s letter would be considered a new claim and that the commission would schedule an evidentiary hearing. On April 14 and 17, 2003, and May 8, 2003, claimant filed for additional benefits listing injury to her right shoulder, neck, upper-lower back, and right hand. Employer refused to compensate claimant for the April 17, 2003 claim.

In June and July 2003, two neurosurgeons and a neuroradiologist examined the claimant and/or her treatment records. Dr. Nicholas Poulas opined that the herniated cervical disk was related to the work injury. On the contrary, Dr. Michael Dennis opined that the herniated disc was not related to the accident, which he based on claimant’s lack of symptoms until 2002. Dr. David Berns reviewed the March 2003 MRI, which he concluded showed that the herniated disk was “most consistent with an acute injury” and that with the degree of herniation that he found, claimant “would have severe symptomology” and would need “medical attention relatively quickly.” Dr. Berns later explained in a letter that his use of the term “acute” meant that the injury occurred “within the prior two to at most three month” period before the MRI. He stated that such “an acute injury would preclude it from being related to an injury one, two or three years before the MRI was obtained.”

At the deputy commissioner’s hearing, employer defended its refusal to pay compensation on the basis of res judicata and that the 2003 claims were barred by the statute of limitations. The deputy commissioner found that the claims for injuries to claimant’s hand and neck were never adjudicated, and therefore not barred by res judicata. However, the deputy commissioner also found that all issues related to the 2001 claims were resolved by the MOA and that the 2003[*282] claims were barred by the two-year statute of limitations pursuant to Code § 65.2-601.

Upon appeal, the commission affirmed the decision of the deputy commissioner. In its opinion, the commission found that with regard to claimant’s April 2001 claims, claimant represented to the commission that “all issues were resolved” by the parties’ MOA. It also found that claimant did not prove that it was a mutual mistake that the hand and neck claims were omitted from the MOA. It stated:

Allowing a claimant to assert claims, submit agreement forms, represent that the agreement forms resolve the claims, and then return later to revive resolved claims would create uncertainty as to finality, and force the Commission to address multiple claims in a piece-meal fashion, possibly years later. Both are major blows to judicial efficiency. We find that the claimant did not prove a mutual mistake, and we decline to undo the agreement that the parties reached. To find otherwise would allow any party to an agreement to subsequently assert that they did not mean what they said and have the agreement set aside.

Thus, the commission reviewed whether the April 2003 claim was filed within the statutory time period, and whether an exception to timely filing was warranted. It found that the claim was not filed within the two-year period required by the statute of limitations and that no exceptions to timely filing applied. Claimant appeals this decision.

II. Analysis

On appeal, we defer to the commission in its role as fact finder. VFP, Inc. v. Shepherd, 39 Va.App. 289, 292, 572 S.E.2d 510, 511 (2002). “If supported by credible evidence, the factual findings of the commission are binding on appeal.” Tomes, 39 Va.App. at 430, 573 S.E.2d at 315 (citations omitted). The commission’s “conclusions upon conflicting inferences, legitimately drawn from proven facts, are equally binding on appeal.” Watkins v. Halco Eng’g, Inc., 225 Va. 97, 101, 300 S.E.2d 761, 763 (1983).

[*283] Claimant argues that the parties’ agreement should be vacated because it was based on a mutual mistake. See Harris v. Diamond Constr. Co., 184 Va. 711, 721, 36 S.E.2d 573, 578 (1946) (“[The e]ommission has the implied power, incidental to those expressly granted, to entertain and hear an application, seasonably presented, to vacate and set aside an award procured through fraud or mistake.”). The commission found that claimant represented to the deputy commissioner that the parties’ MOA, approved by the commission on October 26, 2001, resolved all issues raised in her April 2001 claims for benefits and that “the evidence does not indicate that the employer intended to accept the claimant’s claim for a neck injury and mistakenly omitted the neck in the MOA” “In determining whether a mutual mistake of fact existed at the time of the agreement, the inquiry is ... whether each party held the same mistaken belief with respect to a material fact at the time the agreement was executed.” Collins v. Dep’t of Alcoholic Beverage Control, 21 Va.App. 671, 681, 467 S.E.2d 279, 283, affd on rehearing en banc, 22 Va.App. 625, 472 S.E.2d 287 (1996). The burden is upon the party attacking an award to establish mistake by clear and convincing evidence. See City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965) (citing Pulaski Iron Co. v. Palmer and Wife, 89 Va. 384, 386, 16 S.E. 275 (1892)); see also J&D Masonry, Inc. v. Kornegay, 224 Va. 292, 295, 295 S.E.2d 887, 889 (1982) (citations omitted).

The evidence supports the commission’s finding. Claimant voluntarily signed the MOA, which listed injuries only to the lower back and right shoulder. She also voluntarily signed five subsequent agreements for benefits that also listed only lower back and right shoulder injuries. On July 3, 2001, the deputy commissioner wrote to the parties advising them that if claimant was satisfied that all issues related to her claim of benefits had been resolved, she should notify the commission in writing that the hearing would not be necessary, and the matter would be removed from the docket. In response, the claimant filed a hand-written letter on July 6, 2001, requesting that the dispute be removed from the hearing docket. Thus,[*284] claimant affirmatively represented to the commission in writing that the MOA resolved all issues related to the April 2001 claims. Because evidence supports the commission’s findings that the 2001 claims were resolved and that the claimant did not prove mutual mistake of fact, the only issue is whether claimant’s April and May 2008 claims for benefits for injury to her neck and right hand are barred by the statute of limitations.

Whether a claim is barred by the statute of limitations is a question of law. This Court “review[s] questions of law de novo,” Tomes, 39 Va.App. at 430, 573 S.E.2d at 315 (internal quotation marks and citation omitted), and this Court is not “bound by the legal determinations made by the commission.” Grayson (County of) Sch. Bd., 39 Va.App. at 281, 572 S.E.2d at 506 (internal quotation marks and citation omitted); see also Sturtz v. Chesapeake Corp., 38 Va.App. 672, 675, 568 S.E.2d 381, 383 (2002). An injured employee must file a claim with the commission within two years of the accident. If the claimant fails to meet this filing deadline, the right to compensation “shall be forever barred.” Code § 65.2-601. Timely filing of an original claim is mandatory, and a claimant bears the burden of proving his claim is timely filed. See Johnson v. Paul Johnson Plastering, 37 Va.App. 716, 723, 561 S.E.2d 40, 43 (2002) (citing Massey Builders Supply Corp. v. Colgan, 36 Va.App. 496, 502, 553 S.E.2d 146, 149 (2001)).

There are only three exceptions to timely filing under the statute of limitations. First, Code § 65.2-602 provides for tolling of the statute of limitations if the employer fails to file the first report of accident and such conduct operates to prejudice the rights of the employee with regard to filing the claim prior to the expiration of the time period. Second, the employer is estopped from asserting the statute of limitations defense if the claimant provides unequivocal evidence that she refrained from filing a claim because employer misrepresented or concealed material facts. See Am. Mut. Liab. Ins. Co. v. Hamilton, 145 Va. 391, 135 S.E. 21 (1926);[*285] Avon Prods., Inc. v. Ross, 14 Va.App. 1, 7, 415 S.E.2d 225, 228 (1992); Rose v. Red’s Hitch & Trailer Servs., Inc., 11 Va.App. 55, 59-60, 396 S.E.2d 392, 394-95 (1990). Finally, the doctrine of imposition “ ‘empowers the commission in appropriate cases to render decisions based on justice shown by the total circumstances even though no fraud, mistake or concealment has been shown.’ ” Odom v. Red Lobster # 235, 20 Va.App. 228, 234, 456 S.E.2d 140, 143 (1995) (quoting Avon Prods., Inc., 14 Va.App. at 7, 415 S.E.2d at 228). The application of the doctrine, however, requires a threshold showing of unfairness: “The doctrine focuses on an employer’s or the commission’s use of superior knowledge of or experience with the Workers’ Compensation Act or use of economic leverage, which results in an unjust deprivation to the employee of benefits warranted under the Act.” Butler v. City of Virginia Beach, 22 Va.App. 601, 605, 471 S.E.2d 830, 830 (1996). None of these exceptions applies in this case.

The injury occurred on September 22, 2000, and claimant filed her first claim for benefits on April 4, 2001, approximately six months after the accident. Although employer filed the EFRA on April 23, 2001, which was outside the filing period as required by Code § 65.2-900, there is no evidence that the late filing of the EFRA caused claimant any prejudice, such that it affected claimant’s ability to file her claim prior to the expiration of the statutory time period. [1] Even if we were to assume that the statute of limitations was tolled until April 4, 2001, the date of claimant’s first claim of benefits, her April 14 and 17, 2003, and May 8,2003 claims for benefits still fall far outside the time limitation.

The doctrine of equitable estoppel also does not apply, because claimant has conceded that employer did not misrepresent or conceal material facts that caused her to refrain[*286] from filing her claim. See Am. Mut. Liab. Ins. Co., 145 Va. 391, 135 S.E. 21; Avon Prods., Inc., 14 Va.App. at 7, 415 S.E.2d at 228; Rose, 11 Va.App. at 59-60, 396 S.E.2d at 394-95.

Finally, the doctrine of imposition does not apply. Claimant contends this case is similar to Avon Prods., Inc. and John Driggs Co. v. Somers, 228 Va. 729, 324 S.E .2d 694 (1985). However, in those cases, unlike in this case, each of the claimants made a threshold showing of unfairness. In Avon Prods., Inc., the employer incorrectly represented to the claimant that all documents necessary for entry of the award had been timely filed, 14 Va.App. at 7, 415 S.E.2d at 228. In John Driggs Co., the employer’s calculation “substantially deviate[d] from the statutory guidelines,” 228 Va. at 735, 324 S.E.2d at 697. Similarly, in Odom, the employer and the commission had mistakenly led the claimant to believe that a timely claim had already been filed. 20 Va.App. 228, 456 S.E.2d 140.

Here, claimant concedes that employer did not mislead claimant or use “superior knowledge of or experience with the Workers’ Compensation Act” to deprive her of her claimed compensation. Butler, 22 Va.App. at 605, 471 S.E.2d at 830. Accordingly, the doctrine of imposition also does not apply.

III. Conclusion

Credible evidence supports the commission’s decision that claimant represented to the deputy commissioner that the parties’ MOA resolved all issues raised in her April 2001 claims for benefits and that claimant did not prove mutual mistake. Claimant’s 2003 claims are barred by the two-year statute of limitations pursuant to Code § 65.2-601, and she did not present any evidence to support the application of any exception to timely filing. Accordingly, we affirm the commission’s decision.

Affirmed.

1

. Code § 65.2-900 provides: "Within ten days after the occurrence of such injury or death, and knowledge of injuty as provided in § 65.2-600, a report of the injury or death shall be made and transmitted to the Commission by the employer, its representative or, in the case of an insured employer, its insurance carrier----"