Upham v. Van Baalen Pacific Corp.

420 A.2d 1229, 1980 Me. LEXIS 679
CourtSupreme Judicial Court of Maine
DecidedOctober 14, 1980
StatusPublished
Cited by7 cases

This text of 420 A.2d 1229 (Upham v. Van Baalen Pacific 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
Upham v. Van Baalen Pacific Corp., 420 A.2d 1229, 1980 Me. LEXIS 679 (Me. 1980).

Opinion

GODFREY, Justice.

Employee Raymond F. Upham appeals from a pro forma judgment affirming a Workers’ Compensation Commission decree which dismissed both his petition for award of compensation and his petition for determination of extent of permanent impairment. The Commission dismissed the petitions on the grounds that they were not timely filed. We affirm the pro forma judgment.

On June 7, 1972, Upham suffered a work-related injury to his right knee and lower back during a fall at his place of employment, Van Baalen Pacific Corporation. Mr. Upham’s job consisted of cutting large bolts of cloth on a cutting table. He fell when his right foot suddenly became wedged behind one of the cutting table legs while he was transporting a cutting machine. Because of pain in his back and knee resulting from the fall, Mr. Upham ceased working at Van Baalen for one month immediately following the accident. He returned to work at Van Baalen in July of 1972.

Soon thereafter the employer’s insurance carrier submitted to Mr. Upham a proposed agreement concerning payment of his medical bills. Mr. Upham refused to sign that agreement, fearing that by so doing he would appear to admit that he was cured and thereby release any rights he might have. By a letter dated January 15, 1973, the Industrial Accident Commission sent notice to Mr. Upham that the insurer’s agreement papers were intended to protect his rights to compensation and that he should sign the papers immediately. Mr. Upham denied having received this letter, although it was correctly addressed to him.

Upon returning to work at Van Baalen in July of 1972, Mr. Upham experienced continued pain in his back and knee. He continued working, but regularly sought treatment from his family physician, Dr. Ivan R. Moss. Dr. Moss, an osteopathic practitioner, first diagnosed Mr. Upham as having suffered a traumatic bruising of the right knee and an overextension of the sacroiliac. By 1974, however, Dr. Moss had concluded that Mr. Upham’s chronic pain stemming from the 1972 fall was caused by arthritic infiltration into the traumatized areas of the body. For this reason Dr. Moss referred Mr. Upham to Dr. John Wickenden, an orthopedic surgeon, for x-rays, further diagnosis, and treatment.

Dr. Wickenden first examined Mr. Up-ham on June 24,1974, and during that visit began treating him for degenerative arthritis of the right knee. On July 9, 1974, Dr. Wickenden had an extensive discussion with' Mr. Upham about Mr. Upham’s arthritis and a regimen for treating it. Mr. Upham testified that during one of the 1974 visits he asked Dr. Wickenden whether the arthritic condition in his knee could have been *1231 caused by the 1972 fall and the doctor replied that “it was possible.”

On January 4, 1978, Mr. Upham permanently ceased his employment with Van Baalen because he could no longer tolerate his painful symptoms. At that time he was suffering pain in his right hip that was more troublesome than the pain in his right knee. Dr. Wickenden diagnosed this complaint as being caused by degenerative arthritis in the right hip. On the basis of his examinations and the history available to him, Dr. Wickenden gave it as his opinion that the 1972 fall “more likely than not” had a causal effect upon the development of arthritis in Mr. Upham’s right hip.

On May 5, 1978, Mr. Upham filed with the Industrial Accident Commission a petition for award of compensation and a petition to determine extent of impairment. In both petitions Mr. Upham stated that although the cause of his injury was the falling episode in 1972, the date of the “injury” for which he sought compensation was January 4, 1978-the date on which his arthritic pain rendered him unable further to perform. In its answer to each petition the employer denied all Mr. Upham’s allegations and raised the affirmative defense that the claim was barred by the statute of limitations provided in 39 M.R.S.A. § 95.

In September of 1978, the Workers’ Compensation Commission rendered findings of fact and conclusions of law regarding Mr. Upham’s petitions. The Commissioner found that although Mr. Upham had sustained “a real and traumatic incident” while at work on June 7,1972, he had taken no steps to file a petition for award or otherwise protect his rights under the Workers’ Compensation Act until May of 1978. In the Commissioner’s view, Mr. Up-ham had not suffered a “gradual type injury” of the sort described in Ross v. Oxford Paper Co., Me., 363 A.2d 712 (1976); rather, the injury was immediate on June 7, 1972. Mr. Upham had failed to respond to the Industrial Accident Commission’s letter of January 15, 1973, encouraging him to protect his rights. Furthermore, the Commissioner found that Mr. Upham was aware of his painful symptoms, their arthritic origin, and their connection with the original injury at least as early as his consultations with Dr. Wickenden in July of 1974. Therefore, Mr. Upham had not filed his petitions within the two-year limitation period provided in 39 M.R.S.A. § 95. The Commissioner accordingly dismissed both of Mr. Upham’s petitions.

The Commissioner’s findings of fact are final if supported by competent evidence even if other evidence in the record might have supported a contrary conclusion. McKenzie v. C. F. Hathaway Co., Me., 415 A.2d 252, 253 (1980). The date on which incapacity begins is normally a fact to be found by the Commissioner. Theriault v. Walsh Construction Co., Me., 389 A.2d 317, 321-22 (1978). Mr. Upham contends that the Commissioner’s failure to view his arthritic complications as a separate compen-sable injury was erroneous as a matter of law.

Mr. Upham would have us apply to this case certain principles derived from successive-injury cases such as Robbins v. Bates Fabrics, Me., 412 A.2d 374 (1980). According to Mr. Upham, the degenerative arthritis which caused him finally to cease his work at Van Baalen was a second “injury” distinct from the traumatic episode of June 7, 1972. Thus, he argues, the statute of limitations provided in 39 M.R.S.A. § 95 should run from the date Mr. Upham was forced to retire-January 4, 1978-rather than from the falling incident in 1972.

This Court has recognized that arthritic symptoms may be so related to an identifiable work-related trauma that the ensuing incapacity is compensable as causally linked to the original trauma. E.g., Wadleigh v. Higgins, Me., 358 A.2d 531 (1976); Soucy v. Fraser Paper, Ltd., Me., 267 A.2d 919 (1970); Bradbury v. General Foods Corp., Me., 218 A.2d 673 (1966). We have not heretofore had occasion to decide whether traumatic arthritis may be regarded as an injury distinct from the original work-related trauma for the purposes of applying the statute of limitations. Nor need we address that issue in this case: Mr.

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Bluebook (online)
420 A.2d 1229, 1980 Me. LEXIS 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upham-v-van-baalen-pacific-corp-me-1980.