Sheffield v. Schering Plough Corp.

680 A.2d 750, 146 N.J. 442, 1996 N.J. LEXIS 971
CourtSupreme Court of New Jersey
DecidedAugust 9, 1996
StatusPublished
Cited by15 cases

This text of 680 A.2d 750 (Sheffield v. Schering Plough Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheffield v. Schering Plough Corp., 680 A.2d 750, 146 N.J. 442, 1996 N.J. LEXIS 971 (N.J. 1996).

Opinions

The opinion of the Court was delivered by

STEIN, J.

This is a workers’ compensation case. Petitioner, Lodean Sheffield, worked for respondent Schering Plough Corporation for over twenty years in positions that required repeated bending and lifting. In July 1983, Sheffield ceased work because of a disabling back condition. She did not file a claim for workers’ compensation benefits until five and a half years after her back injuries rendered her unable to work.

The Workers’ Compensation Act (Act), N.J.S.A. 34:15-1 to -128, establishes time limits for the filing of workers’ compensation claim petitions. In cases of occupational disease, the Act provides that

where a claimant knew the nature of the disability and its relation to the employment, all claims for compensation for compensable occupational disease ... shall be barred unless a petition is filed ... within 2 years after the date on which the claimant first knew the nature of the disability and its relation to the employment.
[N.J.S.A. 34:15-34.]

The Act further provides that if “a part of the compensation has been paid by [the] employer,” the claim is barred unless filed “within 2 years after the last payment of compensation.” Ibid.

From 1983 through the commencement of this litigation, Sheffield received private-plan disability benefits and private-plan medical benefits from Schering Plough’s insurers. In February [446]*4461989, Sheffield filed two workers’ compensation claim petitions alleging occupational injuries involving her back, lungs, stomach, internal organs, and nervous system. The Division of Workers’ Compensation (the Division) found that Sheffield’s back injuries were causally related to her employment at Sehering Plough and that she is disabled as a result of those injuries, but dismissed her claim for back-related disability as time-barred. The Division dismissed Sheffield’s other claims as not compensable. The Appellate Division affirmed in an unpublished opinion. We granted Sheffield’s petition for certification, 142 N.J. 454, 668 A.2d 1361 (1995), primarily to consider whether Sheffield’s claims were filed within time.

I

Lodean Sheffield worked for Sehering Plough Corporation from the early 1960s until mid-1983. She first worked as a matron, cleaning bathrooms at the company’s Union, New Jersey, facility. The work required frequent bending and stooping and involved the daily use of chemicals and cleaning agents such as ammonia. After five or six years, Sheffield became employed as a machine operator and chemical inspector in one of Schering’s pharmaceutical laboratories. The inspector job entailed lifting heavy cartons of chemicals off the floor, carrying the cartons a distance of three to five feet, and then placing the cartons onto a bench for inspection. After inspecting each carton, Sheffield was required to lift it off the bench and set it down on the floor again. The cartons weighed approximately seventy-five to eighty pounds each, and Sheffield would lift and inspect fifteen or twenty of the cartons each day. At trial, Sheffield described the work pace as “go, go, go, go, go. Just steady, steady, steady, steady. You don’t have time to do [anything] but pick it up and keep going and keep moving.” As a machine operator, Sheffield put stoppers into medicine bottles as the bottles passed through an automated machine and then placed the bottles on trays stacked from the [447]*447floor up to five feet high. That work, also, involved repeated bending and lifting.

Sheffield began experiencing back problems in 1979, when she was treated for a back sprain and displaced disc. She returned to work with restrictions on lifting, pushing, and pulling. In 1980, Sheffield reported back pain to the company nurse. She informed the nurse that she had injured her back lifting boxes on the job. The nurse referred Sheffield to a chiropractor, who treated Sheffield for a period of time. Because Sheffield’s back pain was not relieved, the chiropractor referred her to an internist, who admitted her to a hospital and called in Dr. Prada, a neurosurgeon, to consult on Sheffield’s case. Dr. Prada determined that Sheffield needed back surgery.

From March to June 1988, Sheffield was out of work on temporary disability leave and received disability benefits from Prudential Insurance Company, Schering’s private-plan disability insurer. Sheffield returned to work in mid-June, with restrictions on lifting. She worked for approximately three weeks and then went back on temporary disability leave in early July. Dr. Prada operated on Sheffield in July, performing a laminectomy and removing an extruded disc. Sheffield began receiving short-term disability payments from Prudential in September 1983 to supplement her temporary disability benefits.

In September 1983, Emily Androtti-Consone of Schering’s Benefits Department sent Sheffield a memorandum instructing her to apply for long-term disability benefits from Travelers Insurance Company, Schering’s private-plan, long-term disability insurer, and also to file for Social Security benefits. Schering’s policy was to provide disabled employees with short-term benefits for up to twenty-six weeks and then to provide long-term benefits, offset by Social Security benefits.

Sheffield filed for long-term benefits in accordance with company policy. In January 1984, Sheffield began receiving long-term disability coverage from Travelers. Sheffield also filed for Social Security benefits, but her claim was denied. She subsequently [448]*448consulted an attorney and filed a second claim for Social Security benefits, but that claim was denied as well.

In March 1984, Schering’s Employee Relations Manager informed Sheffield by letter that she was entitled to six months of job protection and thereafter would be considered on “conditional leave.” The letter also stated that Sheffield would “continue to receive disability benefits and have group insurance coverage as lpng as [she was] disabled.”

Sheffield received regular medical treatments from Dr. Prada in 1984, 1985, 1986, and 1987. In July 1988, Dr. Prada readmitted Sheffield to the hospital for additional surgery to relieve recurrent, severe back pain and numbness and to remove scar tissue from the 1983 surgery. Following the surgery, Dr. Prada continued to treat Sheffield on a regular basis and was still treating her in 1991 at the time of trial. Sheffield filed a new application for Social Security benefits after her 1988 operation. That claim was approved and she received an award of benefits. At Travelers’ request, however, Sheffield remitted a large portion of her Social Security award to the insurer to reimburse it for the long-term disability payments it had made to her.

In addition to receiving disability payments, Sheffield also received medical benefits from Schering’s insurers. Throughout her course of treatment for her back condition and continuing through the time of trial, Sheffield’s medical expenses were paid by Schering’s health insurance carriers, first Prudential and later John Hancock. Sheffield made the required co-payments.

Schering’s personnel records reveal that, on a number of occasions, Prudential delayed or denied payment of Sheffield’s claims for medical benefits on the ground that the claims should have been submitted to a workers’ compensation provider rather than to Prudential, a health insurance provider.

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Sheffield v. Schering Plough Corp.
680 A.2d 750 (Supreme Court of New Jersey, 1996)

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Bluebook (online)
680 A.2d 750, 146 N.J. 442, 1996 N.J. LEXIS 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheffield-v-schering-plough-corp-nj-1996.