Manalapan Mining Co., Inc. v. Lunsford

204 S.W.3d 601, 2006 WL 2454300
CourtKentucky Supreme Court
DecidedNovember 6, 2006
Docket2005-SC-0626-WC, 2005-SC-0628-WC
StatusPublished
Cited by8 cases

This text of 204 S.W.3d 601 (Manalapan Mining Co., Inc. v. Lunsford) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manalapan Mining Co., Inc. v. Lunsford, 204 S.W.3d 601, 2006 WL 2454300 (Ky. 2006).

Opinions

OPINION OF THE COURT

At issue in this appeal is the application of KRS 342.185 to a hearing loss claim that was filed more than two years after the hazardous noise exposure ceased. An Administrative Law Judge (ALJ) determined that a rule of discovery applied and that the claim was timely because the worker filed it within two years after a physician informed him that his condition was work-related. The Workers’ Compensation [602]*602Board (Board) construed KRS 342.185 as barring a claim filed more than two years after the date of last exposure and reversed. Convinced that KRS 342.185 does not operate as a statute of repose in gradual injury claims and that a rule of discovery applies, the Court of Appeals reversed and reinstated the award. We disagree and reverse.

The claimant testified that he was exposed to hazardous noise for 37 years while working in underground and surface mines without hearing protection. He quit working on February 18, 2001, due to breathing and back problems and consulted an attorney about filing a pneumoconio-sis claim. He stated that he did not pay much attention to any hearing problem until then and that it had never interfered with his work. Dr. Guindi was the first physician to test his hearing and inform him that his hearing loss was caused by his work.

The claimant underwent an audiological exam on December 30, 2003. On January 5, 2004, Dr. Guindi reported a 26% AMA impairment due to noise-induced hearing loss. The claimant’s attorney informed his employer of the injury on January 14, 2004, and filed an application for benefits on January 15, 2004. Among the contested issues was whether the claim was barred by the statute of limitations found in KRS 342.185 because the claimant filed it more than two years after his last exposure to hazardous noise.

The ALJ determined that the claimant’s application was timely. Noting that the Board and the courts had adopted a rule of discovery in hearing loss claims, the ALJ relied on a decision in which the Board found timely a claim that was filed within two years after a physician informed the worker that his hearing loss was work-related and within one year after his last exposure to occupational noise. Although noting that the individual continued to work for several months after learning the cause of his condition, the ALJ was not convinced that fact was significant.

Chapter 342 imposes periods of limitations and repose for occupational diseases and injuries. KRS 342.316(4)(a) permits an occupational disease claim to be filed within three years of the last injurious exposure or knowledge of the work-related condition; however, a claim may not be filed more than five years after the last exposure to an occupational hazard other than radiation or asbestos or more than 20 years after the last exposure to radiation or asbestos.

Consistent with the mechanism by which repetitive exposure to hazardous noise destroys the membranes of the inner ear, KRS 342.7305(4) characterizes hearing loss caused by such exposure as being an “injury.” See Caldwell Tanks v. Roark, 104 S.W.3d 753 (Ky.2003). It places exclusive liability on the employer with whom the worker was last injuriously exposed to hazardous noise. The statute of limitations for occupational injuries is found in KRS 342.185(1), which provides as follows:

(1) Except as provided in subsection (2) of this section, no proceeding under this chapter for compensation for an injury or death shall be maintained unless a notice of the accident shall have been given to the employer as soon as practicable after the happening thereof and unless an application for adjustment of claim for compensation with respect to the injury shall have been made with the office within two (2) years after the date of the accident, or in case of death, within two (2) years after the death, whether or not a claim has been made by the employee himself for compensation. The notice and the claim may be given or made by any person claiming to be entitled to compensation or by someone in his behalf. If payments of in[603]*603come benefits have been made, the filing of an application for adjustment of claim with the office within the period shall not be required, but shall become requisite within two (2) years following the suspension of payments or within two (2) years of the date of the accident, whichever is later.

Subsection (2) provides a five-year period of limitations for a claim due to human immunodeficiency virus exposure. Unlike KRS 342.316, KRS 342.185 contains no explicit period of repose.

Recognition that a traumatic injury could occur gradually from the wear and tear of work began with Haycraft v. Corhart Refractories Co., 544 S.W.2d 222 (Ky. 1976). The courts first considered the application of KRS 342.185 to a gradual injury claim in Randall v. Pendland, 770 S.W.2d 687 (Ky.App.1988). Ms. Pendland operated a machine that required repetitive hand and finger motions. She quit working on January 14, 1983, after experiencing pain in her hands for about six months, and filed a claim on January 7, 1985, that alleged a wear-and-tear injury. The medical evidence indicated, in the least, that her work aggravated an arthritic condition and increased the wear on her thumb joints. The employer asserted that the claim should have been dismissed as untimely, but the court noted that Ms. Pendland sustained thousands of mini traumas rather than one accidental injury from which to commence the statute of limitations. It determined, therefore, that the date for giving notice and for clocking the statute of limitations began when the disabling reality of the injury became manifest. The fact-finder determined that occurred on January 14, 1983. Convinced that the evidence did not compel an earlier date, the court affirmed.

In Coslow v. General Electric Co., 877 S.W.2d 611, 614-15 (Ky.1994), the worker sustained a latent injury due to a single traumatic event and asked the court to adopt a discovery rule for commencing the period of limitations. The court noted, however, that KRS 342.185 runs the period of limitations from the date of the accident.

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Manalapan Mining Co., Inc. v. Lunsford
204 S.W.3d 601 (Kentucky Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
204 S.W.3d 601, 2006 WL 2454300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manalapan-mining-co-inc-v-lunsford-ky-2006.