McKeever Custom Cabinets v. Smith

379 N.W.2d 368, 1985 Iowa Sup. LEXIS 1208
CourtSupreme Court of Iowa
DecidedDecember 18, 1985
Docket84-1317
StatusPublished
Cited by39 cases

This text of 379 N.W.2d 368 (McKeever Custom Cabinets v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKeever Custom Cabinets v. Smith, 379 N.W.2d 368, 1985 Iowa Sup. LEXIS 1208 (iowa 1985).

Opinion

UHLENHOPP, Justice.

The principal question in this appeal is whether a workers’ compensation claim by employee Keith Allen Smith is barred by time limitations.

Smith worked as a cabinet maker and installer for employer McKeever Custom Cabinets from April 1978 to August 1980 and from March to May 1981. The work involved considerable hammering as well as vibrations from pneumatic and electrical tools such as sanders. Between Smith’s two periods of employment by McKeever, Smith worked on a farm in Minnesota and for a cabinet maker in Oklahoma.

In November 1978 a falling sheet of wood in McKeever’s shop struck Smith on the right wrist. Smith lost no time from work as a result of this incident. He obtained an X-ray of the wrist, which was negative. In April 1979, while helping to carry a cabinet, Smith fell into a six-foot hole and struck his right arm. This time he lost about a half-day’s work, but he did not have an examination. He made no workers’ compensation claims on these occasions.

Smith continued with his duties for McKeever, but from about the time of these two incidents he experienced some *370 discomfort in his right wrist upon continued use of it at work. He did not obtain further medical attention or take time off, but performed his duties believing the discomfort to be a normal result of the pounding and vibrating which his job entailed. As months went on, however, the wrist pain grew worse, and he was obliged to favor his right wrist by the use of his left hand in such tasks as extended use of a vibrating sander.

Ultimately the wrist pain grew to the point that Smith concluded he should have his wrist examined. His father had undergone recent surgery by an orthopedic surgeon who was reputed to be outstanding, and Smith obtained an examination by that expert in April 1981. The surgeon diagnosed aseptic necrosis of the lunate bone— the death of the large bone in the wrist from lack of blood supply. This condition is irreversible, and fusion of the wrist is the only treatment. The treatment ends the pain (from a kind of arthritis) but also ends the wrist movement.

As of about May 1, 1981, Smith notified McKeever about the wrist condition and quit his job on account of it. On May 11, 1981, McKeever filed a first report of injury with the Iowa Industrial Commissioner, setting forth the details. On August 27, 1981, Smith instituted the present workers' compensation claim. He subsequently underwent surgery for fusion of the wrist.

Substantial evidence in the case, introduced before the deputy commissioner and then brought before the commissioner on review, established the facts we have recited. The pivotal question related to the cause of the aseptic necrosis. Was the cause of the wrist trouble the 1978 and 1979 incidents, or the continual hammering and vibrating involved in the job, or a combination of those factors? The following excerpts give the gist of the testimony of Smith’s surgeon:

Q. Doctor, what is the difference between aseptic necrosis and osteonecro-sis? A. The difference between aseptic necrosis and osteonecrosis, aseptic necrosis follows interruption of blood supply
to the bony area, through various means or methods.
Q. And osteonecrosis? A. Osteone-crosis is a long-term degenerative change, based on normal wear and tear.
Q. So your diagnosis of aseptic necrosis would be consistent with a traumatic event, as opposed to a degenerative change in the bone; is that correct? A. Right. Moreover, a traumatic event or a series of such.
Q. And in Mr. Smith’s case, do you have an opinion, Doctor, as to the cause of the necrosis of the lunate bone? A. I do. I feel very strongly that his wrist, lunate necrosis and ultimate surgery directly related to his occupation and the type of work he does. This is the characteristic type pattern we see in this type of condition.
Q. Okay. I’m a little unclear, Doctor. Are you referring to something then other than the single event that Mr. Smith related to you in his history as having occurred in November of ’78? A. Okay. Wrist — lunate necrosis can come from a single event and we frequently do see it come from a single event. But again it is most common in people that use their wrists for hammering and pounding, carpenters, shinglers, people who shingle roofs, this sort of conditions.
Q. And from — and is this opinion, Doctor, based on the history that Mr. Smith gave you of the nature of his work? A. It’s based upon that, yes, and the fact that almost all of these that we see are such related, yes.
Q. And Mr. Smith, I gather from your testimony, related to you that he was involved heavily in hammering; is that correct? A. Yes, heavy use.
Q. And I gather then you are basing your conclusions upon the nature of hammering and how you know that to affect the lunate; is that correct? A. Yes. It affects the lunate by constant trauma or it could be an acute episode to the wrist area causes the blood vessels to clot that supply the lunate bone.
*371 Q. Such activities as operating a pneumatic air tool would not affect — A. It could very well get lunate necrosis—
Q. It could? And how does that result? A. It’s a strong repeated trauma to the wrist area.
Q. Other than the hammering, what else did Mr. Smith tell you — describe to you as activity that caused aggravation or pain to his wrist? A. He said he had to do some lifting. I think he did sawing and he did use his hand and wrist frequently in work for pounding and this, of course, is a classic type of history we see in people with this condition.
Q. We come back to pounding, as in hammering; is that correct? -A. Yes.
Q. Doctor, I would ask you to assume that prior to 1978, and early 1979, that Mr. Smith had a total absence of pain in his right wrist and that during the period, in late ’78, ’79, he suffered a single traumatic event to his right wrist, either by being struck by an external force or incidental to a fall, and that thereafter, immediately thereafter and continually and frequently- thereafter, he experienced pain in that wrist, especially when actively using his right hand at work, up until the time he was first seen by you; would this change your opinion as to the cause of the necrosis? A. Change it from what?
Q. Being a result of his occupation to being as a result of a single traumatic event? A.

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Bluebook (online)
379 N.W.2d 368, 1985 Iowa Sup. LEXIS 1208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckeever-custom-cabinets-v-smith-iowa-1985.