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Ranney v. Parawax Co.7/29/1998
Appeal from the Iowa District Court for Polk County, Gene L. Needles, Judge.
Appeal from dismissal of workers' compensation claim on statute-of- limitations grounds. AFFIRMED.
Considered en banc.
This case involves the application of the discovery rule and the principle of inquiry notice to a latent injury case arising under Iowa's workers' compensation law. See Iowa Code ch. 85 (1993). The district court affirmed the industrial commissioner's summary judgment ruling that the appellant's claim was barred by the two-year statute of limitations for workers' compensation claims. See id. § 85.26(1). We affirm.
I. Scope of Review.
Judicial review of the industrial commissioner's decisions is governed by the administrative procedure act, Iowa Code chapter 17A. See id. § 86.26. The court may reverse if the commissioner's decision is affected by an error of law. See id. § 17A.19(8)(e). Here, the appellant claims the commissioner erred in his application of the law governing summary judgments.
Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. See Iowa R. Civ. P. 237(c). In reviewing the record before the commissioner to determine if he correctly applied this rule, we consider the evidence in the light most favorable to the party opposing the motion for summary judgment. See DeLaMater v. Marion Civ. Serv. Comm'n, 554 N.W.2d 875, 877 (Iowa 1996).
II. Background Facts and Proceedings.
The record shows the following facts, when viewed in a light most favorable to the appellant, Joseph W. Ranney III. Ranney worked for the defendant, Parawax Company, Inc., from 1975 through February 1981. During that time he was exposed to toxic materials in the course of his regular duties. In 1985, Ranney became ill and was diagnosed with Hodgkin's disease.
Ranney suspected from the beginning that his condition might be causally connected to his work with toxic chemicals. The physician he first consulted regarding his symptoms made the following statements in a report dated June 26, 1985: "The patient does report working with paint solvents and he associates this work in some manner with these recent episodes. . . . The relationship to the paint solvents is unclear and may suggest an allergic component; however, the unilateral adenopathy and episodic symptoms argue against this." Ranney testified he questioned subsequent treating physicians about a possible connection between his work with chemicals and his disease but none of "the doctors would commit themselves, one way or the other."
Then in 1987, Ranney's wife started law school. Later that year or in 1988, she took a course in which she read cases discussing occupational diseases caused by exposure to chemicals. Ranney and his wife discussed the possibility that his exposure to toxic materials at Parawax caused his condition. Ranney testified he associated his condition to his chemical exposure at that time. It was not until 1991, however, when Ranney asked a new treating physician whether there was a causal link between his work-related exposure and his Hodgkin's disease, that a doctor confirmed Ranney's theory of causation.
This workers' compensation case was filed in 1992 against Ranney's former employer and its workers' compensation carrier, appellee American States Insurance Company. Ranney claimed his Hodgkin's disease was causally connected to his work-related exposure to toxic chemicals. He relied on the discovery rule to extend the two-year statute of limitations applicable to chapter 85 workers' compensation claims.
Th
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