Harlow v. Noble County

2002 OK CIV APP 20, 41 P.3d 1034, 73 O.B.A.J. 599, 2001 Okla. Civ. App. LEXIS 145, 2001 WL 1776745
CourtCourt of Civil Appeals of Oklahoma
DecidedOctober 23, 2001
DocketNo. 96,045
StatusPublished
Cited by1 cases

This text of 2002 OK CIV APP 20 (Harlow v. Noble County) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harlow v. Noble County, 2002 OK CIV APP 20, 41 P.3d 1034, 73 O.B.A.J. 599, 2001 Okla. Civ. App. LEXIS 145, 2001 WL 1776745 (Okla. Ct. App. 2001).

Opinion

TOM COLBERT, Judge:

{1 Claimant, George J. Harlow, Jr., seeks this court's review of an order of the workers' compensation trial court denying his claim on the ground that it was time-barred. The issue on review is whether the trial court erred in determining that the statute of limitations had run. We find that the court did err, vacate its order, and remand for further proceedings in accordance with this opinion.

BACKGROUND

T2 Claimant suffered an injury to his left ear on March 17, 1997, while working for Employer, Noble County. At the time of the injury, he was assisting in building a bridge. While he was using a cutting torch to cut a beam, a piece of molten metal "fell off, rolled down into his left ear, and burned a hole in his ear drum."

T3 Claimant was initially treated by his family doctor, but was later sent to an ear specialist, R. Stanley Baker, M.D. Dr. Baker treated Claimant on several occasions and performed surgery on Claimant's ear on July 7, 1997. Claimant was last treated by him on August 4, 1997.

14 Employer generally paid Claimant's medical bills at the time he received treatment, but the last bill was paid on September 22, 1997.1 Employer also reimbursed Claimant for mileage expenses incurred in traveling to and from Dr. Baker's office. Claimant received the mileage reimbursement check in late-August 1999.

115 Claimant filed a Form 3 on September 2, 1999. In his Form 9, also filed in September 1999, he sought permanent partial disability benefits. Employer responded that Claimant had not filed his claim within the two-year time frame provided by 85 O.S8. Supp.2000 § 48(A).

T6 In an order filed March 8, 2001, the trial court found that, regardless of the date the medical and out-of-pocket travel expenses were paid by Employer, the two-year statute of limitations began to run on August 4, 1997, the date Claimant was last seen by Dr. Baker. Because Claimant filed his Form 3 more than two years after that date, his claim was time-barred. Claimant now seeks this court's review.

STANDARD OF REVIEW

17 When examining a tribunal's factual determinations, this court applies the any-competent-evidence standard of review. Parks v. Norman Mun. Hosp., 1984 OK 53, ¶ 2, 684 P.2d 548, 549. However, a statute of limitations question ordinarily presents a mixed question of law and fact. Sneed v. McDonnell Douglas, 1999 OK 84, ¶ 9, 991 P.2d 1001, 1004. In Sneed, the Oklahoma Supreme Court explained:

Even though the trial court's factual determinations relative to the statutory time bar [if supported by any competent evidence] will not be independently reviewed, application of the 85 0.98.1991 $ 48 time bar to render a claim not remediable is a conclusion of law and hence is subject to de novo review by this Court.

Id. (Alteration in original) (footnote omitted). Because we must review the trial court's application of 85 O.S. Supp.2000 § 48(A) to bar Claimant's claim, we are presented with a question of law which we will review de novo. See id.

T8 The resolution of this case requires that we construe the meaning of seetion 48(A). Statutory construction also presents a question of law which is reviewed de novo. Arrow Tool & Gauge v. Mead, 2000 OK. 86, ¶ 6, 16 P.3d 1120, 1123.

DISCUSSION

L.

T9 Claimant's primary argument on review is that the trial court erred in finding that the statute of limitations began to run on the date he last received medical treatment, rather than the date the medical expenses were last paid. Title 85 O.S. Supp. 2000 § 43(A) provides:

[1036]*1036The right to claim compensation under the Workers' Compensation Act shall be forever barred unless, within two (2) years after the date of accidental injury or death, a claim for compensation is filed with the Workers' Compensation Court. Provided however, a claim may be filed within two (2) years of the last payment of any compensation or remuneration paid in lieu of compensation or medical treatment which was authorized by the employer or the insurance carrier.

(Emphasis added). Employer argues that the meaning of section 48(A) was explained in Hadley v. American General Life Insurance Co., 1981 OK CIV APP 53, 634 P.2d 1326, and that Hadley is dispositive.

1 10 The issue in Hadley was whether the payment of a medical bill five months after the injured claimant received medical treatment tolled the statute of limitations for filing a claim. The claimant received emergency medical treatment on November 16, 1978, and the employer's insurance carrier paid the medical bill on April 25, 1979. The claimant filed his claim on January 18, 1980. The workers' compensation court held that his claim was barred by the one-year statute of limitations in effect at that time.2 On review to the Court of Civil Appeals, he argued that medical treatment constituted "payment in lieu of compensation" and that, by paying for his treatment, the insurance carrier "was making payment in lieu of compensation." Id. at ¶ 5, 634 P.2d at 1327.

{11 The court in Hadley explained the meaning and legislative intent of section 48(A) (then section 483) as follows:

It must be remembered that statutes of limitation are designed to bar stale claims. In workers' compensation cases, if a claimant does not file a claim within one year from the time of injury or last medical treatment, one can easily say the claim is stale and that claimant did not desire to file a claim. We think if the legislature had intended the one-year period to run from the time the last dollar was paid for medical treatment it could have easily and, indeed, would have said so in § 48. Section 48 clearly says one year "from last authorized medical treatment," and not one year from the payment for that treatment. For us to interpret § 48 to mean one year from payment for the treatment would be to write into that statute something that clearly was not intended.

Id. at ¶ 6, 634 P.2d at 1327-28. The court concluded that "the statute of limitations runs from the time of the treatment or the time treatment is authorized and not from the time payment for the treatment is actually made." Id. at ¶ 7, 634 P2d at 1328.

112 We decline to follow Hadley for two reasons. First, the insurance carrier in Hadley initially denied the claim and treated it as if it was not compensable. In this case, however, the record reveals that Employer recognized Claimant's injury and acknowledged that it was a compensable injury under the Workers' Compensation Act.

1 13 More importantly, we decline to apply Hadley because that case was decided prior to 1985, the year in which section 48 was amended. At the time Hadley was decided, section 48 read:

The right to claim compensation under the Workers' Compensation Act shall be forever barred unless, within one (1) year after the injury or death, a claim for compensation thereunder is filed.... Provided, however, claims may be filed at any time within one (1) year from the date of last payment of any compensation or remuneration paid in lieu of compensation or within one (1) year from last authorized medical treatment....

85 O.S.1981 § 43. The changes in the relevant language of the statute has left it susceptible to more than one interpretation.

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2002 OK CIV APP 20, 41 P.3d 1034, 73 O.B.A.J. 599, 2001 Okla. Civ. App. LEXIS 145, 2001 WL 1776745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlow-v-noble-county-oklacivapp-2001.