Appeal of Hooker

694 A.2d 984, 142 N.H. 40, 1997 N.H. LEXIS 52
CourtSupreme Court of New Hampshire
DecidedMay 28, 1997
DocketNo. 95-555
StatusPublished
Cited by13 cases

This text of 694 A.2d 984 (Appeal of Hooker) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Hooker, 694 A.2d 984, 142 N.H. 40, 1997 N.H. LEXIS 52 (N.H. 1997).

Opinion

JOHNSON, J.

The claimant, James A. Hooker, appeals from a decision of the New Hampshire Compensation Appeals Board (board) denying him workers’ compensation benefits. We affirm.

On December 6, 1989, the claimant was injured while working as a mechanic for the respondent, F. C. Hammond & Son Lumber Co., Inc. (F. C. Hammond). While he was attempting to add wood to the fire in his workplace woodstove, flames shot out and set his hair and beard on fire. The claimant was taken to Mary Hitchcock Memorial Hospital and admitted for treatment of facial burns and observation for a possible inhalation injury.

According to the medical records and testimony before the board, the claimant had experienced various respiratory problems prior to the December 6, 1989, incident. For instance, the claimant had suffered from seasonal asthma since about the age of four. At the age of thirteen, the claimant was hospitalized for pneumonia. At sixteen, the claimant was again hospitalized and diagnosed with allergic broncho-pulmonary aspergillosis (ABPA).

Following the 1989 accident, the claimant continued treatment with Dr. Donald A. Mahler, his attending physician at Mary Hitchcock. F. C. Hammond’s financial responsibility for such treatment was litigated at a hearing before the department of labor. By letter dated January 25, 1991, the labor department hearing officer confirmed the decision she had issued verbally at the hearing, stating, in pertinent part:

It was found that the claimant’s continuing asthmatic condition is a work related aggravation of his pre-existing but stabilized childhood asthma. The treatment he is receiving from Dr. Mahler at the Dartmouth Hitchcock Medical Center is treatment made necessary by his work related condition. . . . [T]he claimant’s bills for treatment at the Dartmouth Hitchcock Medical Center and his various prescriptions are the responsibility of [F. C. Hammond’s workers’ compensation insurance] carrier and shall be paid.

This decision was not appealed within thirty days and therefore became final. See RSA 281-A:43, II (Supp. 1996).

In July 1993, the claimant entered into a lump sum settlement of all known and unknown claims and potential claims against F. C. Hammond for the December 6 incident “with the sole exception of [43]*43the causally related medical bills.” See RSA 281-A:37, II (Supp. 1996) (prohibiting lump sum settlement of the medical provisions of RSA chapter 281-A).

In recent years, the claimant has suffered a significant decline in his pulmonary health and become increasingly dependant on bronchodilators, pain medication, and antibiotics. He is apparently now a candidate for a lung transplant. The claimant sought to have the medical bills related to his recent condition paid by F.C. Hammond’s insurer, but the insurer denied liability.

On October 13, 1994, a hearing was held before a second labor department hearing officer, who found that the “medical treatment that [the claimant] has been receiving is no longer related to the December 6, 1989 temporary aggravation of the preexisting condition and is no longer the responsibility (if it ever was to begin with) of the carrier.” On appeal, a majority of the board also found no causal relation between the claimant’s medical condition at that time and the December 6, 1989, accident. The board rejected the claimant’s argument that F. C. Hammond should have been precluded on the basis of collateral estoppel or res judicata from litigating the issue of causation. The claimant appeals to this court, arguing that the board’s refusal to give res judicata effect to the 1991 findings of the first hearing officer was erroneous.

Res judicata applies to final agency decisions in workers’ compensation cases. See, e.g., Portsmouth Police Dept. v. Mortimer, 121 N.H. 417, 419, 430 A.2d 185, 186 (1981). In its broadest sense, the term res judicata “cover[s] all the various ways in which a judgment in one action will have a binding effect in another.” Morin v. J.H. Valliere Co., 113 N.H. 431, 433, 309 A.2d 153, 155 (1973). Although the claimant has couched his arguments in res judicata terms, we note that more precisely he is seeking to apply collateral estoppel, a doctrine we have described as “an extension of res judicata which prevents the same parties, or their privies, from contesting in a subsequent proceeding on a different cause of action any question or fact actually litigated in a prior suit.” Scheele v. Village District, 122 N.H. 1015, 1019, 453 A.2d 1281, 1284 (1982).

The minimum requirements for applying collateral estoppel are:

the issue subject to estoppel must be identical in each action, the first action must have resolved the issue finally on the merits, and the party to be estopped must have appeared in the first action, or have been in privity with [44]*44someone who did so. The party to be estopped must have had a full and fair opportunity to litigate the issue. In addition, the finding must have been essential to the first judgment.

Petition of Gilpatric, 138 N.H. 360, 362-63, 639 A.2d 267, 268-69 (1994) (citations omitted). Since the claimant asserts that collateral estoppel applies, he has the burden of proving that the issue claimed to be subject to estoppel is identical to the issue determined previously. See Morin, 113 N.H. at 434-35, 309 A.2d at 155-56. We find that the claimant has not met his burden.

This case concerns the responsibility of F. C. Hammond for certain medical expenses incurred by the claimant. “An employer . . . has a continuing obligation to provide or to pay for medical, hospital, and remedial care for as long as is required by an injured employee’s condition.” Appeal of Cote, 139 N.H. 575, 581, 660 A.2d 1090, 1095 (1995) (quotation omitted). Determining whether this obligation applies in a particular case requires us to “examine the causal chain between the original. . . work-related injury” and the condition for which the treatment sought to be paid for was received. Id.

The claimant contends that a causal connection between his medical condition and the 1989 accident was found by the first hearing officer, and could not be relitigated before the board. The claimant cites cases from other jurisdictions supporting the general proposition that “the issue of causation in cases involving an industrial accident... is not an issue subject to change and should, therefore, ordinarily be barred from relitigation by the doctrine of res judicata once a final judgment has been entered.” AMP, Inc. v. Ruebush, 391 S.E.2d 879, 881 (Va. Ct. App. 1990) (emphasis and italics omitted). As the AMP court itself noted, however, “[a]n injury by accident differs from an occupational disease, which may be latent or progressive.” Id. We therefore find a mechanical application of collateral estoppel inappropriate in the instant case, which involves the effects of a discrete industrial accident superimposed upon a history of pulmonary disease.

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Bluebook (online)
694 A.2d 984, 142 N.H. 40, 1997 N.H. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-hooker-nh-1997.