Ewing v. Holton

25 P.3d 105, 135 Idaho 792, 2001 Ida. LEXIS 52
CourtIdaho Supreme Court
DecidedMay 22, 2001
DocketNo. 26113
StatusPublished

This text of 25 P.3d 105 (Ewing v. Holton) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ewing v. Holton, 25 P.3d 105, 135 Idaho 792, 2001 Ida. LEXIS 52 (Idaho 2001).

Opinion

KIDWELL, Justice.

This appeal arises from a decision by the Industrial Commission, denying Claimant Ewing’s worker’s compensation claim because she failed to meet the time requirements set forth in Idaho Code section 72-706(1). We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

The following statement of facts is a summary of the stipulation of facts entered into by the parties.

Claimant Darlene Ewing worked for John H. Holton, D.M.D., as a dental hygienist from July of 1990 until October 24,1997. On October 27, 1997, Ewing sought treatment for “upper extremity complaints.” She was seen by nurse practitioner Greg Galloway, who diagnosed “carpal tunnel syndrome, right worse than left; low back pain.”

On October 29, 1997, Ewing saw Betty F. Hall, M.D., for nerve conduction velocity testing. The results of Dr. Hall’s tests indicated normal. Ewing next saw Charles Schneider, M.D., on November 17,1997, on a referral from Mr. Galloway. Dr. Schneider determined that Ewing had developed upper extremity pain over the past several months. Dr. Schneider diagnosed “soft tissue inflammation involving the extensor musculature [794]*794right forearm, mild ulnar neuropathy, right and left elbows [sic], and possible low grade carpal tunnel syndrome.”

On November 18, 1997, Idaho State Insurance Fund received a notice of claim from Ewing, which listed October 27, 1997 as the date of injury. The notice listed John Holton, D.M.D., as the employer and claimed that while in Holton’s employ, Ewing had “developed bilateral carpal tunnel syndrome-tendonitis as result of repetitive motion” she had to perform as a dental hygienist. The Industrial Commission assigned the claim number 97-037311, and listed the “Date of Injury” as October 27,1997.

Kathy R. Bennett, D.C., began treating Ewing for “acute right elbow pain and moderate left elbow pain, and intermittent numbness in the 4th and 5th digits,” on November 25,1997.

Ewing returned to Dr. Betty Hall on January 29,1998, for a complete neurologic evaluation. Ewing described approximately seven years of intermittent pain in her right hand that occurred when she would perform dental hygiene work on more than two consecutive patients. Ewing further indicated that in early fall of 1997, she developed an aching in both elbows and an “electrical sensation from the elbows to the hands.” In addition to x-rays, Dr. Hall recommended blood screening for “sed rate, ANA, Rheumatoid factor, CBC, Thyroid, and Vitamin B 12.” Dr. Hall suggested that Ewing be tested for “fibromyalgia” if the blood screening was negative. Following the blood work, the results were negative.

The State Insurance Fund arranged for Ewing to have an independent medical evaluation with William D. Lenzi, M.D., on March 3, 1998. At that time, Ewing complained of “aches and pains in the elbow, arm and hand, especially the palmar cutaneous area of the hand, radiating pain down the forearm when the radial surface of the elbow is touched, an inability to tilt her head to the left side, and pain on the olecranon area of the left elbow with radiation down into the hand.”

Following the examination, Dr. Lenzi reported to the State Insurance Fund that he found “no neurological or muscular findings to diagnose this patient’s problems.” However, Dr. Lenzi agreed with Dr. Hall’s suggestion that Ewing could be suffering from fibromyalgia. Although Dr. Lenzi suggested a full “work-up” by a rheumatologist, the State Insurance Fund never made arrangements for the work-up.

In a letter dated March 12,1998, the State Insurance Fund denied Ewing benefits for her injuries arising from the October 27, 1997 manifestation date because it could not be determined whether her condition arose from an industrial accident or that it was an occupational disease. At the time of this denial, no doctor had conclusively diagnosed Ewing’s condition, with the exception of possibly fibromyalgia.

Nine months later, on December 7, 1998, Ewing began treatment with William A. Levinger, M.D. Ewing had complained of a one and one-half year history of pain that began “as an aching pain in the elbows, primarily the right elbow, with numbness in the fourth and fifth digits in the hand.” Dr. Levinger diagnosed reflex sympathetic dystrophy (RSD). This was the first time Ewing had been diagnosed with RSD. Dr. Levinger concluded that Ewing should be admitted to a “Pain Center where continuous cervical epidural infusions could be performed.”

On January 6, 1999, Ewing’s attorney filed a ‘Workers’ Compensation First Report of Injury or Illness” along with a worker’s compensation complaint listing December 7, 1998, as the date of injury. The complaint sought benefits for RSD developed over time using various dental tools. The Industrial Commission assigned this complaint a new ease number and listed December 7,1998, as the date of injury.

The State Insurance Fund filed an answer on January 27, 1999, denying that Ewing suffered an industrial accident or an occupational disease. Ewing has not worked in any capacity since October 24,1997.

On June 1, 1999, Industrial Commission Referee Robert Barclay conducted a telephonic conference with the parties. The parties agreed to waive a formal hearing, and on September 9, 1999, the referee entered the [795]*795parties’ stipulated findings of fact, along with his conclusion of law and recommendation.

Because Ewing’s two complaints arose from the same set of facts, i.e. her employment as a dental hygienist for Dr. Holton, the referee stated the issue to be determined as whether Ewing had “complied with the time limitation for making and filing with the Commission an application requesting a hearing as set forth in Idaho Code § 72-706(1).”

In her memorandum, Ewing argued that the time limitation for the filing of a complaint did not apply because she was not aware of the condition until December 7, 1998. The defendants, however, contended that she was aware of the condition from which she was suffering in October of 1997 when she filed her claim with the State Insurance Fund.

In his analysis, the referee determined that Ewing had failed to file a request for hearing within the one-year limitation set forth in the Idaho Code. The referee found that Ewing had been diagnosed with bilateral carpal tunnel syndrome on October 29, 1997, under the same ailments and infirmities with which she was diagnosed as having RSD on December 7, 1998. Therefore, the referee recommended that Ewing’s claim should be denied because she had not complied with the one-year limitation for filing her complaint.

In an order filed September 9, 1999, the Industrial Commission adopted the recommendation of the referee. On November 30, 1999, the Commission denied Ewing’s motion for reconsideration. Ewing filed her notice of appeal on December 17,1999.

II.

STANDARD OF REVIEW

When this Court reviews a decision from the Industrial Commission, it exercises free review over questions of law but reviews questions of fact only to determine whether substantial and competent evidence supports the Commission’s findings. Ogden v. Thompson, 128 Idaho 87, 88, 910 P.2d 759, 760 (1996). Substantial and competent evidence is “relevant evidence which a reasonable mind might accept to support a conclusion.”

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Bluebook (online)
25 P.3d 105, 135 Idaho 792, 2001 Ida. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewing-v-holton-idaho-2001.