 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gates v. John Deere Ottumwa Works12/23/1998
Appeal from the Iowa District Court for Polk County, Robert D. Wilson, Judge.
Workers' compensation claimant appeals dismissal of claim on statute-of-limitations grounds. AFFIRMED.
This appeal arises from an industrial commissioner's finding, affirmed on judicial review, that Larry Gates' workers' compensation claim is time barred by Iowa Code section 85.26 (1993). Gates argued before the district court, and urges on appeal, that the commissioner erroneously failed to consider theories of latent injury , aggravation of pre-existing injury, or cumulative trauma to extend the statutory deadline for claim filing. Finding no error, we affirm.
I. Background Facts and Proceedings.
Larry Gates was employed by John Deere Ottumwa Works in 1973. During his eighteen years with the company, Gates worked mainly as a drill press operator. This job , along with a later position as a line tender, had Gates on his feet each day, repeatedly bending, twisting, and lifting to manage heavy materials on the factory's assembly line.
In 1985 Gates underwent back surgery for a herniated disc. Gates made no claim at that time, to either the surgeon or the company, that his back pain was work related. After a period of recuperation, he returned to work at John Deere.
Symptoms similar to those experienced by Gates in 1985 recurred in late 1987. Gates returned to Dr. Carlstrom, who had performed his earlier surgery. Dr. Carlstrom recommended-and Gates thereafter received-high dose epidural steroid injections to relieve the pain. The injections were given by an anesthesiologist then practicing in Ottumwa.
The steroid injections furnished only limited pain relief. During a follow-up examination in February 1988, Gates discussed with Dr. Carlstrom the work-related nature of his back pain, which was by then radiating down his right leg. He associated the pain with the bending and lifting required by his job as a drill press operator. On an admission form for Gates' subsequent hospitalization, Dr. Carlstrom observed that Gates "did well after the [April 1985] surgery until a few months ago with the onset of his pain beginning after doing some heavy work at work."
Gates underwent surgery for a second herniated disc in May 1988. He again missed several months of work at John Deere but made no claim for workers' compensation benefits. During a follow-up examination in July 1988, Gates reported continuing pain, not only in his back and leg, but in his hip. He returned to work under "light duty" restrictions.
Gates reported "more back pain" in early 1990, and in a December 1990 appointment with Dr. Carlstrom's partner, Dr. Boarini, complained of pain in his knees and legs. He told the physician he had not been without pain since January 1990.
Gates sought treatment from an orthopaedic surgeon, Donald Berg, in March 1991. Dr. Berg's examination revealed aseptic necrosis in Gates' hips. The disease process was so severe and advanced in the head of each femur that Gates was forced to undergo bilateral hip replacement. The nature of the impairment, and the lack of any identifiable trauma to Gates' hips, led the doctors to conclude the necrosis resulted from negligent administration of the steroid injections in 1988.
Gates' last day of work was March 21, 1991. He filed a petition for benefits with the industrial commissioner on January 20, 1993. The petition alleged cumulative trauma from Gates' work as a drill press operator, causing "bilateral hip impairment (aseptic necrosis) and back impairment (C4-6 herniated disc)." A later amendment alleged the hip joint necrosis resulted from improper treatment of a wo
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|