Lawson v. Lear Seating Corp.

944 S.W.2d 340, 1997 Tenn. LEXIS 204, 1997 WL 189917
CourtTennessee Supreme Court
DecidedApril 21, 1997
Docket03S01-9509-CV-00105
StatusPublished
Cited by25 cases

This text of 944 S.W.2d 340 (Lawson v. Lear Seating Corp.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawson v. Lear Seating Corp., 944 S.W.2d 340, 1997 Tenn. LEXIS 204, 1997 WL 189917 (Tenn. 1997).

Opinion

OPINION

BIRCH, Chief Justice.

In this ease, the Special Workers’ Compensation Appeals Panel concluded that Sheila I. Lawson, the employee, failed to commence her action for benefits within one year of the accident causing injury. After a thorough review of the record, we find that Lawson commenced her action within the applicable period of limitations.

I

For more than twenty years, Sheila Lawson was employed by Lear Seating Corporation as a production line worker. In the late 1980’s, she began to experience pain and numbness in her hands and sought medical treatment from her family physician, John H. Kinser, M.D. Kinser told her that her problems were related to her job and recommended that she be rotated to a different job in the plant.

After her initial visit to Kinser, Lawson notified her supervisor of her problem with her hands and requested a transfer to a different machine. The supervisor granted her request, and Lawson’s symptoms diminished for a time. However, over the next several years, the symptoms periodically recurred. During this time, Lawson transferred to several different machines in an effort to obtain relief. As she transferred from machine to machine, her symptoms would abate temporarily — only to recur.

Subsequently, she developed pain in her shoulders and arms because of her efforts to compensate for the pain in her hands. Kin-ser gave Lawson monthly injections to alleviate the pain in her shoulders and arms.

During this entire period, Lawson continued to work full-time and without restriction. She did not file a workers’ compensation claim with her employer, and Lear did not pay Kinser’s bills.

On the morning of June 17, 1993, Lawson tried to pick up her coffee cup, but unable to *341 grasp it, she dropped it. After this incident, Lawson went to the company nurse and informed her that she could not work. The nurse referred Lawson to the company doctor, who sent Lawson to E. Brantley Bums, Jr., M.D., a specialist in orthopaedic medicine.

Burns diagnosed carpal tunnel syndrome. Lear placed Lawson on temporary disability. She then underwent surgery on both wrists. Following a recuperative period, she returned to work. During this period, Lear paid Lawson workers’ compensation benefits.

Bums determined that Lawson had a ten percent permanent partial impairment to each upper extremity. In April 1994, Lawson filed this suit to recover permanent partial disability benefits.

II

Our review is de novo on the record, accompanied by a presumption that the trial court’s findings of fact are correct unless the preponderance of the evidence is otherwise. Tenn.Code Ann. § 50-6-225(e)(3).

As stated, the panel concluded that Lawson’s claim was barred by the statute of limitations. We disagree. Repetitive stress injuries are “accidental” and do not constitute occupational diseases. Brown Shoe Co. v. Reed, 209 Tenn. 106, 360 S.W.2d 65, 69 (1961). Therefore, a suit to recover workers’ compensation benefits for such an injury must be filed within one year of the “accident resulting in the injury.” Tenn.Code Ann. § 50-6-203.

The identification of the “accident resulting in the injury” is problematic in the case of a repetitive stress injury such as Lawson’s. With carpal tunnel syndrome and other repetitive stress injuries, the symptoms appear and worsen over an extended period of time. 1 As in Lawson’s case, the symptoms may be episodic and may subside when the employee’s job is altered. Thus, it is difficult, if at all possible, to determine when the “accident resulting in the injury” occurs. Such a determination is important because the statutory limitation period begins to run only after the occurrence of the “accident resulting in the injury.”

In Barker v. Home-Crest Corp., 805 S.W.2d 373 (Tenn.1991), the issue was which of two insurance carriers was obligated to pay benefits for a carpal tunnel injury. Writing for the Court, Justice Anderson held that because the employee suffered a new injury each day at work and since the cause of those injuries was constant, the accidental injury occurred on the date on which the employee “could no longer perform her work.” Id. at 376. The date of the accident for purposes of ascertaining the commencement of the limitations period should be the same as the date of the accident for purposes of ascertaining which insurance company should pay benefits. We see no reason to distinguish between the two.

As Professor Larson notes:

This repeated-trauma or cumulative trauma doctrine appears to have originated with the House of Lords decision in Burrell & Sons, Ltd. v. Selvage [90 L.J. 1340 (H.L.1921)], in which compensation was awarded for the disabling cumulative effect of a long series of cuts and scratches leading to infection and arthritis....
The practical problem of fixing a specific date for the accident has generally been handled by saying simply that the date of the accident is the date on which the disability manifests itself. Thus, in [Ptak v. General Elec. Co., 13 N.J.Super. 294, 80 A.2d 337 (1951) ], the date of a gradually acquired sacroiliac strain was deemed to be the first moment the pain made it impossible to continue to work....

IB Larson, Workmen’s Compensation Law § 39.40 and § 39.50 (1987)(eiting Brown Shoe, supra Xquoted with approval in Barker, supra).

Other jurisdictions that have addressed this issue have reached a similar conclusion. See Berry v. Boeing Military Airplanes, 20 Kan.App.2d 220, 885 P.2d 1261, 1268 (Kan.Ct. *342 App.1994)(the date of “occurrence” or date of “injury” relates back to the last date on which claimant worked); Ramsey v. Weyerhaeuser, 85 3 P.2d 774 (Okla.1993)(date of “last trauma” is last day worked); Brooks Drug, Inc. v. Workmen’s Compensation Appeal Board (Patrick), 161 Pa.Cmwlth. 81, 636 A.2d 246, 249 (1993)(“Each day of work constituted a ‘new’ injury in that it further aggravated Claimant’s condition.... The date of injury ... is, therefore, the last day Claimant worked.”).

In Berry, the Kansas Court of Appeals discussed at length the problems associated with fixing the date of the accident in carpal tunnel injury cases:

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Bluebook (online)
944 S.W.2d 340, 1997 Tenn. LEXIS 204, 1997 WL 189917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-lear-seating-corp-tenn-1997.