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Faircloth v. Raven Industries12/20/2000
Appeal from the Third Judicial Circuit, Lake County, SD [Formerly a Part of the Fourth Judicial Circuit] Hon. Timothy D. Tucker, Judge
Reversed
Considered on Briefs Sep 18, 2000
[ ] In this workers' compensation appeal, we must decide which of two statutes of limitations applies to a claim. The employer contends that the two-year limitation in SDCL 62-7-35 pertains because the employer gave written notice denying the claim. The employee, on the other hand, contends that the three-year period in SDCL 62-7-35.1 applies because the employer previously provided benefits to the employee. The Department of Labor ruled that the claim was barred under the two-year statute of limitations. On appeal, the circuit court reversed, applying the three-year statute. We conclude that the two-year statute controls and consequently the employee's claim is barred under SDCL 62-7-35.
BACKGROUND
[ ] The pertinent facts are not in dispute. In 1996, the employee, Gretchen L. Faircloth, was working for Raven Industries, Inc., at its plant in Madison, South Dakota. Raven is a self-insured employer. On July 1, 1996, Faircloth submitted a first report of injury form, declaring an injury to her right upper extremity. After Faircloth filed her claim, Raven began paying workers' compensation benefits. In September, Faircloth underwent an independent medical exam performed by Dr. Chris Tountas, M.D. Tountas informed Raven that, in his opinion, the injury to Faircloth's right upper extremity was not work related. Based on this report, Raven sent Faircloth a notice letter on November 19, 1996:
e are denying coverage of your claim from November 20, 1996 on, as your current condition did not arise within the scope and course of your employment with Raven Industries (Madison). Medical bills and compensation will be paid through November 20, 1996. Medical bills after November 20, 1996 should be submitted to your personal health insurance for payment.
Should you disagree with our position, you have two (2) years to file a Petition for Hearing before the South Dakota Department of Labor pursuant to SDCL 62-7-12.
Faircloth received this denial within a day or two. The last medical benefit payment made on her behalf was for an October 15, 1996 visit to Dr. Van Demark. That payment was made on January 27, 1997. The last temporary total disability payment made to Faircloth was on November 20, 1996, for the period of November 3 to November 20, 1996.
[ ] On May 17, 1999, Faircloth filed her petition for hearing. It was filed two and a half years after she received the denial notice from Raven and two years and four months after her last medical benefit payment. Raven asserted that Faircloth's petition was barred under the two-year limitations period in SDCL 62-7-35. For the purpose of deciding the applicable statute, both sides stipulated to the relevant facts and submitted the question for decision. The Department ruled that Faircloth's claim was time barred, applying the limitations period in SDCL 62-7-35. () She appealed to the circuit court and it reversed, finding that SDCL 62-7-35.1 was the applicable statute of limitations. We granted Raven's request for an intermediate appeal.
ANALYSIS AND DECISION
[ ] As the facts in this case are undisputed, we have a plain question of statutory interpretation. The construction of workers' compensation statutes and their application to the facts present questions of law reviewable de novo. Zoss v. Dakota Truck Underwriters, 1998 SD 23, , 575 NW2d 258, 260 (citing Johnson v. Rapid City Softball Ass'n, 514 NW2d 693, 695 (SD 1994)); Vu v. John Morrell & Co., 2000
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