Rumford Press v. Travelers Insurance

480 A.2d 162, 125 N.H. 370, 1984 N.H. LEXIS 268
CourtSupreme Court of New Hampshire
DecidedAugust 9, 1984
DocketNo. 83-349
StatusPublished
Cited by10 cases

This text of 480 A.2d 162 (Rumford Press v. Travelers Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rumford Press v. Travelers Insurance, 480 A.2d 162, 125 N.H. 370, 1984 N.H. LEXIS 268 (N.H. 1984).

Opinion

Batchelder, J.

This appeal stems from a claim for workers’ compensation. See RSA chapter 281. The only issue raised on appeal is whether the master erred in his determination of which of two insurance carriers is liable under RSA 281:38-a (Supp. 1983) for the payment of the claimant’s benefits. The Master (Charles P. Bauer, Esq.) recommended that the plaintiff American Mutual Insurance Company (American) be held responsible for paying the entire workers’ compensation award, and the Superior Court (Dunn, J.) approved the master’s recommendation and report. We affirm.

The claimant, Harold Goulding, sustained work-related physical injuries on February 23, 1980, while he was employed by Rumford Press (Rumford). At that time, American was the workers’ compen[372]*372sation carrier for Rumford. As of November 1, 1980, the defendant, Travelers Insurance Company (Travelers), became the carrier for Rumford.

The law governing the liability of successive carriers of workers’ compensation insurance is RSA 281:38-a, III (Supp. 1983), which provides in pertinent part:

“[T]he employer in whose employment the employee sustained the most recent injurious incident and the insurance carrier, if any, on the risk when such injurious incident occurred, shall alone be liable for benefits allowable under this chapter, without right to contribution from any prior employer or insurance carrier.”

In Town of Goffstown v. Morgrage, 122 N.H. 591, 448 A.2d 385 (1982), we stated that when there are two or more successive insurance carriers, “only one can be charged for the whole compensation which results from the compensable injury .... In the absence of a second independent intervening contributing cause of disability, the employer’s insurance carrier on the risk at the time of the original compensable injury is liable for the employee’s continuing incapacity.” Id. at 593-94, 448 A.2d at 386.

The facts as found by the master indicate that on February 23, 1980, Goulding slipped on water on the floor at Rumford while he was throwing certain materials on a table to be “water-coated.” Although he did not fall to the ground, he claims that his back was badly twisted. While he felt immediate pain in his back, he continued working through the day and then filed an accident report.

Goulding continued to work with some pain and discomfort through June 3, 1980, when an increase in the pain caused him to stop working for approximately four weeks. X-rays of Mr. Goulding’s spine were taken on June 24, 1980, showing a compression fracture of one vertebra. Goulding’s physician, Dr. Robert Rainie, permitted Goulding to return to work again on June 30, 1980, and told him to proceed with caution and to impose some limitations on his physical activities. Goulding worked for only two weeks, and on July 14, 1980, was forced to stop working due to the increased pain and discomfort in his back. He remained out of work for approximately eight weeks and returned to work on September 15, 1980.

Goulding continued to work, despite continued pain and discomfort, until December 22, 1980, when he lifted a cover at Rumford and “felt a crunch” in his back as if “something let go.” The following day, Dr. Rainie referred Goulding to Dr. H. James Forbes, an orthopedic surgeon. X-rays of Goulding’s spine were taken on January 5,1981. He remained out of work for approximately four weeks, [373]*373until January 23, 1981, when he went back to work. He experienced continuing pain and discomfort until he stopped working on February 23, 1981. According to Goulding, he has not worked since that date, due to the continuing back pain and disability.

Goulding testified that during those periods of his employment after February 23, 1980, his back remained sore, and he was careful at work. He also indicated that he was restricted in certain activities both on and off the job. During the two periods when he was out of work between February 23, 1980, and December 22, 1980, he remained in bed due to his back condition for extensive periods of time. Goulding stated that he had aggravations or “flare-ups” after the February 1980 incident, including additional episodes of back pain brought on by sneezing or coughing. According to Goulding, his medical condition has been “up and down” since February 1980; however, he was able to recall specifically the “clear cut incident” of back pain which occurred on December 22, 1980, while working at Rumford.

American argued that the symptoms experienced by the claimant after lifting the cover at Rumford on December 22, 1980, were indicative of a second separate back injury, which constituted an independent or intervening cause of his disability. The issue for the master with respect to insurance coverage was whether the December 22, 1980 incident was a cause of the disability separate from and independent of the February 23, 1980 incident. The master, applying to the evidence the standard we announced in Town of Goffstown v. Morgrage, 122 N.H. at 593-94, 448 A.2d at 386, rejected American’s argument and concluded: “Since American was the insurance carrier on the risk on February 23, 1980, and since no second injurious incident occurred on or after December 22,1980, at which time Travelers was on the risk, American is responsible for paying the entire claim.”

The parties now agree that Goulding was totally disabled as of July 1981. Expert testimony from all sides established that the medical source of this disability was the presence of multiple compression fractures to Goulding’s vertebrae. The parties’ experts also agreed that the X-rays taken of Goulding on June 24, 1980, reveal a compression fracture of one vertebra, which probably related to the work-related injury of February 23, 1980. The X-rays taken in January 1981 show the presence of compression fractures to three additional vertebrae, thus indicating that Goulding’s back condition had worsened significantly after the first incident. X-rays of Goulding’s spine taken later show the presence of additional compression fractures.

[374]*374At the hearing in the superior court, American sought to tie the three additional fractures shown on the January 1981 X-rays to the December 1980 incident. The master rejected American’s theory, finding instead that Goulding’s disability resulted from the aggravation of an underlying condition, an osteoporotic spine, by the February 1980 incident. The master stated that the pain related to this incident created a “vicious medical cycle” of “increased pain, increased inactivity, increased idiopathic osteoporosis, and continuing multiple compression fractures ....” The master concluded that “the evidence supports a finding that the symptoms suffered in December 1980 were part of continuing problems which related back to February 1980” and thus were not to be seen as separate or distinct from the February 1980 injury.

American does not contest any of the master’s findings of fact; rather, American asks us to rule, based on these findings, that the master made an error of law. According to American, the master erred when he found that Goulding, on December 22, 1980, suffered an injury, i.e., an acute muscle strain, yet refused to find that this injury constituted a second independent “injurious incident.” RSA 281:38-a, III (Supp. 1983).

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Bluebook (online)
480 A.2d 162, 125 N.H. 370, 1984 N.H. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumford-press-v-travelers-insurance-nh-1984.