 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Joyce v. S.D. Warren Co.9/28/2000
Reporter of Decisions
Argued: September 5, 2000
The S.D. Warren Company has an in-house medical department providing employees treatment for on the job injuries. The services of that clinic have proven a significant generator of dispute on the issue of whether receiving in-house medical treatment tolls the statute of limitations provisions in the Workers' Compensation Act when the employer, having treated the employee's injury in the medical department, does not file a First Report of Injury with the Workers' Compensation Board.
S.D. Warren appeals from a decision of a Workers' Compensation Hearing Officer, granting the employee's petitions for award relating to two injuries in 1992 for which the employee received in-house medical treatment. The hearing officer concluded that providing in-house medical treatment tolled the two-year statute of limitations and therefore the employee's claims were not barred by the statute of limitations. 39 M.R.S.A. § 95 (Supp. 1992), repealed and replaced by P.L. 1991, ch. 885, §§ Ap;7, Ap;8 (codified at 39-A M.R.S.A. § 306 (Pamph. 1999)). In Moreau v. S.D. Warren Co., 2000 ME 62, § 9, 748 A.2d 1001, 1004, decided after the hearing officer's decision in this case, we held that the payment of in-house medical treatment does not constitute a "payment made under this Act" for purposes of extending the then applicable tenp;year statute of repose. Because S.D. Warren was not required to file a first report of injury to trigger the statute of limitations, and because the rationale of Moreau also applies to the two-year statute of limitations, we vacate the hearing officer's decision.
I. CASE HISTORY
Marie Joyce began working at S.D. Warren in 1987, and had several injury claims which are not at issue in this case. In August 1998, Joyce filed petitions for award with the Workers' Compensation Board alleging an injury to her arms and hands occurring on April 30, 1992, and a low back injury on October 17, 1992. The parties stipulated that Joyce suffered both injuries in 1992, but that: (1) she had not received incapacity benefits for those injuries; (2) she received treatment and medical supplies by the doctors and nurses at S.D. Warren's in-house medical department, but no outside medical treatment; and (3) the employee's petitions were filed within six years of the receipt of in-house medical treatment. The hearing officer's decision indicated that Joyce lost no work as a result of the 1992 injuries.
In May 1999, the hearing officer granted the employee's petitions for award and awarded protection of the Act relating to both dates of injury in 1992. Based on the parties' stipulations, the hearing officer found that the employee had not received any outside medical benefits for either date of injury and that she had not filed a petition for award within two years of either date of injury. The hearing officer also found that "no first report was filed until after Petitions at issue in this matter were brought." The hearing officer concluded that the petitions relating to the 1992 injuries were not barred by the then applicable statute of limitations because it viewed provision of in-house medical treatment as equivalent to payment for treatment to an outside medical provider.
The hearing officer denied the parties' motions for further findings of fact and conclusions of law. We granted S.D. Warren's petition for appellate review pursuant to 39-A M.R.S.A. § 322 (Pamph. 1999).
II. DISCUSSION
At the time of the 1992 injuries, the statute of limitations provided, in pertinent part:
Any employee's claim for compensation under this Act
Page 1 2 3 4 5 Maine Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|