American Cyanamid v. Shepherd
Decision Date | 31 March 1995 |
Citation | 668 So.2d 26 |
Parties | AMERICAN CYANAMID v. Ronnie L. SHEPHERD. AV93000681. |
Court | Alabama Court of Civil Appeals |
Appeal from Mobile Circuit Court, No. CV-93-1689; Robert G. Kendall, Judge.
Thomas M. Galloway, Jr., Mobile, for appellant.
Jay A. York, Mobile, for appellee.
This is a workmen's compensation case.
In 1984, Shepherd suffered an on-the-job injury, which required a number of stitches to his hand. He missed no time from work but was given lighter duties for three months. He received full pay for the lighter work. American Cyanamid paid his medical expenses.
In 1990, the scar on Shepherd's hand began to bother him and, on February 5, 1991, he consulted a doctor. The doctor recommended a course of treatment with antibiotics and, if that did not work, then surgery to remove what the doctor suspected might be a foreign body in the old wound. Again, Shepherd missed no time from work. American Cyanamid paid all his medical expenses.
In April 1993, Shepherd had surgery on his hand. American Cyanamid paid for the surgery. Shepherd missed eight and one-half weeks of work, for which American Cyanamid paid him no workmen's compensation benefits. Before he returned to work on June 15, 1993, Shepherd sued to recover those benefits on May 28, 1993. The trial court ruled that Shepherd was entitled to compensation. American Cyanamid appeals.
The only issue on appeal is whether the statute of limitations barred Shepherd's claim. American Cyanamid argues that Shepherd's claim is barred because he did not bring his action within two years of the 1984 injury or within two years of the 1990 "flare-up" of that injury.
The claim period can begin to run only when there is in fact something to claim. Shepherd's medical bills were paid, and he lost no time from work for two years after his 1984 injury, so he had no basis for a compensable claim then. When he did lose time from work in 1993, he had a compensable claim, but, under traditional "time of the injury" analysis, the statutory limitations period had long since run.
American Cyanamid suggests that Shepherd should have filed his complaint, at the latest, within two years of February 5, 1991, the date on which he saw a doctor for the "flare-up" of his old hand injury. On that date, however, and up to the time of his surgery in April 1993, Shepherd still had not missed any time from work and his medical expenses had been paid. Until he lost time from work and American Cyanamid failed to pay him compensation benefits for the period from April 22 to June 15, 1993, there was nothing upon which a claim could be made. See Williams v. Dobberstein, 182 Neb. 862, 157 N.W.2d 776 (1968).
Calculating the beginning of the limitations period at the date of the "accident" or "injury" is overly rigid and unfair in a situation, like this one, in which the worker has a latent injury. This court has previously recognized as much. In Gattis v. NTN-Bower Corp., 627 So.2d 437 (Ala.Civ.App.1993), Presiding Judge Robertson's opinion for the court quoted from Professor Larson as follows:
627 So.2d at 440. Gattis held that the Workmen's Compensation Act is "now to be construed so as to recognize the reality that certain 'accidents' occur over a period of time and that the disabilities resulting therefrom become symptomatic only over a period of time." Id.
In Gattis, this court also questioned the continued vitality of City of Florence v. Gallien, 484 So.2d 1095 (Ala.Civ.App.1986), a case upon which American Cyanamid relies for its argument that Shepherd's claim is time-barred. In Gattis, this court noted that Gallien was "premised on a narrow definition of 'accident,' which rigidly adhered to the requirement that an accident be a sudden event." 627 So.2d at 439. This court further observed:
We hold that a latent injury case like this one calls for the application of a rule like the following one advocated by Professor Larson: "The time period [of the statute of limitations] does not begin to run until the claimant, as a reasonable person, should recognize the nature, seriousness, and compensable character of his injury or disease." 2B A. Larson, The Law of Workmen's Compensation § 78.41(a) at 15-185, -186. That holding puts us in the company of "the great majority of the courts [that] have been sufficiently impressed with the acute unfairness of a literal application of [a limitations period that begins to run with the 'accident' or 'injury'] to read in an implied condition suspending the running of the statute until by reasonable care and diligence it is discoverable and apparent that a compensable injury has been sustained." 2B A. Larson, The Law of Workmen's Compensation § 78.41(b) at 15-234. See, e.g., Freeman v. Tiffany Stand & Furniture, 20 Ark.App. 183, 726 S.W.2d 294 (1987) ( ); Gloria v. Nebraska Public Power District, 231 Neb. 786, 438 N.W.2d 142 (1989) ( ).
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