Vaughn v. John Morrell & Co.

2000 SD 31, 606 N.W.2d 919, 2000 S.D. LEXIS 33
CourtSouth Dakota Supreme Court
DecidedMarch 1, 2000
DocketNone
StatusPublished
Cited by21 cases

This text of 2000 SD 31 (Vaughn v. John Morrell & Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vaughn v. John Morrell & Co., 2000 SD 31, 606 N.W.2d 919, 2000 S.D. LEXIS 33 (S.D. 2000).

Opinion

SABERS, Justice.

[¶ 1.] The Department of Labor (DOL) determined that Annie Vaughn (Vaughn) was not entitled to workers’ compensation benefits from John Morrell & Company (Morrell). Vaughn appealed. The circuit court reversed and we granted an intermediate appeal to Morrell. We reverse and remand.

FACTS

[¶ 2.] Vaughn was born August 3, 1935. She completed the 11th grade, but her reading and math skills are equivalent to those of a fourth or fifth grader. She became employed with the Morrell packing plant in 1973 and transferred to the Sioux Falls plant in 1981. Her job duties at Morrell required her to be on her feet continuously throughout the day.

[¶ 3.] On February 1, 1993, Vaughn saw Dr. McGowan because her feet were hurting. She told Dr. McGowan that she believed her standing on concrete all day at work caused her foot pain. Dr. McGowan diagnosed Vaughn with heel spurs and plantar fasciitis and advised her to use a heel insert in her shoes and take over-the-counter medication for the pain. Vaughn testified that while she was at work, she stood on cardboard boxes to reheve some of the pressure from her feet. * She claims she requested a floor mat from several supervisors, but never received one.

[¶ 4.] While her foot pain initially subsided, Vaughn was transferred to a job in the labeling department that required more walking and standing on concrete floors. Gradually, her foot pain intensified and on October 3, 1994, Vaughn saw Dr. Richard Plummer. After the appointment, Dr. Plummer wrote a note stating Vaughn “should be off work [for] 48 h[ours] because of plantar fasciitis and heel spur.” Vaughn testified that she gave this note to Connie Wheeler, a registered nurse operating Morrell’s first aid station, and requested sick leave.

[¶ 5.]' -As' of October 3, 1994, Nurse Wheeler was responsible for filling out accident investigation forms and handling worker’s compensation claims for Morrell. She testified that she was familiar with plantar fasciitis because she treated it on two occasions prior to Vaughn’s injury while she was a nurse with Morrell. She further testified that the nurse determines whether the employee gets an occupational or work-related injury form to fill out. See also Schuck v. John Morrell & Co., 529 N.W.2d 894, 898 (S.D.1995) (stating a comptroller for Morrell indicated “that it was Morrell and not the employee who made the decision of whether to report an injury as a worker’s compensation claim.”).

[¶ 6.] Jean Koehler, Morrell’s in-house attorney during this time, testified that Vaughn called Nurse Wheeler once her sick leave was exhausted, approximately November 23, 1994. Koehler testified that Vaughn told Nurse Wheeler that she believed her foot problems were related to work. Nurse Wheeler, however, testified that she does not remember having this conversation with either Vaughn or Koeh-ler.

[¶ 7.] On December 22, 1994, Vaughn’s first attorney sent a letter to Morrell indicating that he was representing Vaughn in her worker’s compensation suit against Morrell. The date of injury was listed as *922 October 3, 1994. Morrell reviewed its file and responded that no notice was provided to them within the statutory time limitation.

[¶ 8.] On July 19, 1995, Vaughn completed and signed a South Dakota Employer’s First Report of Injury form. The form reflects that she has suffered from plantar fasciitis and heel spurs on both feet since October 3,1994. It'also provides that “the illness is due to constant standing on cement floors and walking more on [the] job of labeling boxes.”

[¶ 9.] Morrell refused to pay Vaughn’s medical bills. DOL determined that Mor-rell did not know that Vaughn’s foot problems were" work-related until July of 1995. Therefore, DOL concluded that “SDCL 62-7-10 acts to bar [Vaughn’s] claim for benefits, and her petition must be denied.”

[¶ 10.] Vaughn appealed. The circuit court determined that Morrell did have notice of the possibility of a work-related injury and reversed DOL’s determination. We granted Morrell an intermediate appeal.

STANDARD OF REVIEW

[¶ 11.] We review administrative decisions the same as the. circuit court. Schuck, 529 N.W.2d at 896. We will not disturb DOL’s factual findings unless they are clearly erroneous. Welch v. Automotive Co., 528 N.W.2d 406, 409 (S.D.1995) (citation omitted). Conclusions of law are reviewed de novo. Id. (citation omitted).

[¶ 12.] WHETHER DOL WAS CLEARLY ERRONEOUS IN DETERMINING THAT VAUGHN DID NOT PROVIDE TIMELY NOTICE OF THE WORK-RELATED NATURE OF HER INJURY.

[¶ 13.] “The law in effect when the injury occurred governs the rights of the parties.” Loewen v. Hyman Freight-ways, Inc., 1997 SD 2, ¶ 9, 557 N.W.2d 764, 766 (citations omitted). “The time period for notice or claim does not begin to run until the claimant, as a reasonable person, should recognize the nature, seriousness and probable compensable character of [the] injury or disease.” Miller v. Lake Area Hospital, 1996 SD 89, ¶ 14, 551 N.W.2d 817, 820 (citation omitted). Whether the claimant’s conduct is reasonable is determined “in the light of [her] own education and intelligence, not in the light of the standard of some hypothetical reasonable person of the kind familiar to tort law.” Loewen, 1997 SD 2, ¶ 15, 557 N.W.2d at 768 (citation omitted).

[¶ 14.] Vaughn testified that she told her doctor in February of 1993 that she thought her standing on concrete floors at work caused her foot problems. However, she treated the plantar fasciitis with heel pads and over-the-counter medications for over 20 months. Considering that her verbal and math skills are limited and that this disability is “gradual and progressive in nature,” it is reasonable to conclude that Vaughn did not recognize the nature and seriousness of this injury until October 3, 1994. See Tieszen v. John Morrell & Co., 528 N.W.2d 401, 404 (S.D.1995) (stating that when an injury is “gradual and progressive in nature, the date of the injury is the date when pain prevents the’ employee from continuing to work.”). Therefore, the date of injury in this case is October 3,1994.

[¶ 15.] SDCL 62-7-10 requires that an employee provide written notice to her employer if she sustains a work-related injury:

An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence.

*923 The notice need not be in any particular form but must advise the employer of when, where, and how the injury occurred.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 SD 31, 606 N.W.2d 919, 2000 S.D. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-john-morrell-co-sd-2000.