Pottle v. Bath Iron Works Corp.

551 A.2d 112, 1988 Me. LEXIS 296
CourtSupreme Judicial Court of Maine
DecidedDecember 7, 1988
StatusPublished
Cited by10 cases

This text of 551 A.2d 112 (Pottle v. Bath Iron Works Corp.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pottle v. Bath Iron Works Corp., 551 A.2d 112, 1988 Me. LEXIS 296 (Me. 1988).

Opinions

McKUSICK, Chief Justice.

This appeal involves that part of the two-year statute of limitations for workers’ compensation claims, 39 M.R.S.A. § 95 (Pamph.1988), that measures the limitations period from the date “of any payment by such employer or insurer for benefits otherwise required by this Act.”1 The Workers’ Compensation Commission ruled, and the Appellate Division affirmed, that the statute was tolled on a compensation claim for a 1980 work-related injury by reason of the providing of benefits to the injured employee after a 1982 work-related injury. Those post-1982 benefits consisted, first, of treatment at the employer’s in-house health facility and, second, of weekly compensation paid by a carrier different from the one insuring the employer in 1980. We conclude that on the record before us it was an error of law to find that the statute of limitations on the 1980 injury was tolled. We order the modification of the Commission’s decision accordingly.

On June 9,1980, David Pottle injured his left knee while at work at Bath Iron Works Corp. (BIW). He received medical treatment and surgery for the injury. Commercial Union Insurance Co., BIW’s compensation carrier at the time of the 1980 injury, paid for that treatment and surgery, without the filing of any petition or agreement. Commercial Union made its last payment of any kind with respect to the 1980 injury in August 1982.

On August 25, 1982, Pottle again injured his left knee while at work at BIW. As a result he went to BIW’s industrial health department to be treated for that new injury and he continued to receive that in-house treatment of his left knee until near the time he filed the petitions commencing the present proceedings. As a result of that second injury, Pottle also was paid weekly compensation benefits by Liberty Mutual Insurance Co., which had become BIW’s workers’ compensation insurer prior to August 25, 1982.

On October 15, 1985, Pottle filed two petitions for permanent impairment of his left knee, one against BIW and Commercial Union for the 1980 injury and one against BIW and Liberty Mutual for the 1982 injury. In its answer, Commercial Union raised as a defense the two-year statute of limitations of section 95.2 The hearing commissioner found that Pottle had a 10% permanent impairment to his left knee and, pursuant to 39 M.R.S.A. § 104-B(2) (Pamph.1988), ruled that Liberty Mutual, as the insurer providing coverage at the time of the last injury, was initially responsible for paying the whole award. But because the commissioner found that the 1980 injury contributed to the overall impairment, the commissioner apportioned the award equally between Commercial Union and Liberty Mutual. Regarding Commercial Union’s statute of limitations defense, the commissioner found 1) that “ongoing medical treatment provided [to Pot-tle’s left knee] at Bath Iron Works [within two years before October 15,1985] serve[d] to toll the statute of limitations,” and 2) that, “[independently, the payments of compensation by Liberty Mutual [subsequent to the 1982 injury] also toll[ed] the statute of limitations” with respect to Commercial Union and the 1980 injury.

[114]*114On Commercial Union’s appeal, the Appellate Division affirmed, agreeing with the hearing commissioner that BIW’s provision of in-house treatment to Pottle’s left knee after the second injury tolled the statute of limitations as to the first injury. The Appellate Division did not reach the second ground for the commissioner’s tolling decision.

Since the Appellate Division acted as an intermediate appellate tribunal, we review the hearing commissioner’s decision directly for errors of law. See Lagasse v. Hannaford Bros. Co., 497 A.2d 1112, 1119 (Me.1985). We agree with Commercial Union that the hearing commissioner erred as a matter of law in concluding that in the circumstances here presented the two-year statute of limitations was tolled with respect to the 1980 injury.

First, on this record tolling could not result from the weekly compensation payments made by Liberty Mutual. Those payments were both made by Liberty Mutual and received by the employee on account of the 1982 injury. That injury having occurred while Liberty Mutual was BIW’s compensation insurer, it was for Liberty Mutual to make compensation payments based on a determination that the injury was work-related. There is nothing in this record to show that Liberty Mutual’s payments were made on account of the 1980 injury. Regardless of any prior injury or pre-existing condition, Liberty Mutual had an obligation to pay weekly compensation to Pottle once it recognized the 1982 injury to be work-related, see Bryant v. Masters Machine Co., 444 A.2d 329, 334-35 (Me.1982); Gagnon’s Case, 144 Me. 131, 133, 65 A.2d 6, 8 (1949); and Liberty Mutual had the obligation to make that full payment regardless of the possibility of subsequent apportionment, see 39 M.R.S.A. § 104-B(2). The fact alone of Liberty Mutual’s payments on account of the 1982 injury did not put Commercial Union or BIW on any kind of notice of a claim by the employee for the 1980 injury. Nor could the action of Liberty Mutual in merely paying weekly compensation for the 1982 injury as it was legally obligated to do constitute a recognition by Commercial Union or BIW of a claim on account of the first injury. In these circumstances Liberty Mutual’s weekly compensation payments on the second injury do not toll the statute of limitations on any 1980 injury claims. See 3 A. Larson, Workmen’s Compensation Law § 78.43(e) (1988) (“Payment of compensation tolls the statute only as to the injury for which the payment is intended as compensation; it cannot toll the statute as to another injury received in a prior accident.”).

Similar reasoning requires us also to reject the hearing commissioner’s first basis for tolling the statute of limitations on the 1980 injury. Shortly after he suffered the fresh injury to his left knee on August 25, 1982, Pottle went to BIW’s health department to get treatment for that injury. The fact Pottle suffered a separate and distinct injury to his left knee on August 25, 1982, admitted by Liberty Mutual in its answer to Pottle’s compensation petition, raises the natural inference — in absence of anything in this record to the contrary — that Pottle’s subsequent visits to BIW’s health department for treatment of that knee were necessitated by the 1982 injury. That separate injury constituted by itself sufficient reason for Pottle thereafter to seek in-house help for his left knee. Without more, the employer and Commercial Union were not put on notice of a likely claim on account of the 1980 injury. We do not reach the ultimate question whether the treatment an employee receives at an employer’s first aid facility for a single work-related injury will toll a workers’ compensation statute of limitations on that injury. Whatever the answer may be to that question involving a single injury, the factual predicate necessary for linking the post-1982 in-house treatment of Pottle’s left knee to the 1980 injury simply is not present on this record. Treatment of Pot-tle’s left knee after the August 1982 injury does not ipso facto put anyone on notice of a potential claim for a prior injury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Katherine Stovall v. New England Telephone Company
2025 ME 47 (Supreme Judicial Court of Maine, 2025)
Leighton v. S.D. Warren Co.
2005 ME 111 (Supreme Judicial Court of Maine, 2005)
Moreau v. S.D. Warren Co.
2000 ME 62 (Supreme Judicial Court of Maine, 2000)
Lister v. Roland's Service, Inc.
1997 ME 23 (Supreme Judicial Court of Maine, 1997)
Klimas v. Great Northern Paper Co.
582 A.2d 256 (Supreme Judicial Court of Maine, 1990)
Delorge v. NKL Tanning, Inc.
578 A.2d 1173 (Supreme Judicial Court of Maine, 1990)
Harvie v. Bath Iron Works Corp.
561 A.2d 1023 (Supreme Judicial Court of Maine, 1989)
Pottle v. Bath Iron Works Corp.
551 A.2d 112 (Supreme Judicial Court of Maine, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
551 A.2d 112, 1988 Me. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pottle-v-bath-iron-works-corp-me-1988.