International Paper Co. v. Melton

• Decision Date: 27 June 2003
• Parties: INTERNATIONAL PAPER COMPANY v. Raymond MELTON.
• Court: Alabama Court of Civil Appeals

866 So.2d 1158

INTERNATIONAL PAPER COMPANY v. Raymond MELTON.

2010374.

Court of Civil Appeals of Alabama.

June 27, 2003.

Joseph T. Carpenter, Samuel M. Ingram, and Nathan C. Prater of Carpenter, Prater, Ingram & Mosholder, LLP, Montgomery, for appellant.

David Madison Tidmore of Cory, Watson, Crowder & DeGaris, P.C., Birmingham, for appellee.

MURDOCK, Judge.

International Paper Company ("International Paper") appeals from a judgment entered by the Dallas Circuit Court on December 11, 2001, that awarded Raymond Melton ("Melton") workers' compensation benefits based upon neck and back injuries, as well as injuries resulting from bilateral carpal tunnel syndrome, that arose out of and in the course of his employment with International Paper.

The trial court held an ore tenus hearing on October 30, 2001; the court heard the testimony of Melton and Edna Montgomery. Montgomery is a registered nurse; she was an employee of International Paper and handled workers' compensation claims for the company. The trial court also considered the following additional evidence: the deposition testimony and the relevant medical records of Dr. Swaid Swaid, a neurosurgeon; Dr. George Hill, an orthopedic surgeon; and Dr. Charles Lett, a general surgeon. The trial court also considered the relevant medical records of Dr. Zenko Hrynkiw, a neurosurgeon; Dr. W.S. Fisher, a neurosurgeon; Dr. John S. Kirkpatrick, an orthopedic surgeon at the Kirklin Clinic at University of Alabama in Birmingham; Dr. Laura Kezar, a rehabilitation physician at The WorkPlace, Inc.; Dr. Robert Curry, a psychiatrist; Thomas J. Boll, Ph.D.; Selma Family Medicine Center; and Vaughn Regional Medical Center.

At the time of the trial, Melton was 54 years old. In 1987, Melton was hired by International Paper as a forklift operator. Melton's job duties included, among other things, using his hands in a repetitive manner to operate the forklift. Melton testified that he worked 12- to 16-hour shifts, seven days a week. At the time of the trial, Melton continued to work as a forklift operator, earning as much or more than he had at the time of the work-related accidents.

The parties stipulated to a number of facts and to the issues to be decided by the trial court. Among other things, the parties stipulated that Melton had suffered neck and back injuries as a result of two on-the-job accidents occurring on April 7, 1997, and October 17, 1997, respectively. In each instance, Melton and another forklift operator collided; both collisions were "high impact in nature." The parties stipulated that the following doctors assigned the following impairment ratings to Melton: Dr. Swaid, 5% or less to the body for a neck fracture; Dr. Hill, 20% to the body; and Dr. Kezar, 5% to the body. Bob Simpson, a registered physical therapist with The Workplace, Inc., conducted a functional-capacity evaluation ("FCE") on Melton on May 4, 1998; pursuant to that FCE, Melton was authorized to return to work as a forklift operator with the following work restrictions: "occasional rest breaks to allow him to stretch and change positions to control his pain symptoms." Melton testified that International Paper was supposed to permit him to take a five-minute rest break each hour to stretch; however, he further testified that International Paper had not permitted him to take the rest breaks very often.

Melton was first diagnosed with carpal tunnel syndrome in January 1996. In August 1997, counsel for Melton notified International Paper that Melton was claiming that his carpal tunnel syndrome was work related. As a result of that correspondence, International Paper filed a "First Report of Injury" regarding Melton's carpal tunnel syndrome; however, International Paper's third-party administrator concluded that Melton's carpal tunnel syndrome was not work related. Thus, International Paper did not pay for Melton's medical expenses related to his carpal tunnel syndrome.

In its judgment, the trial court set out the issues that had been stipulated to by the parties:

"(1) Did [International Paper] receive timely notice of [Melton's] claim for carpal tunnel syndrome and

"(2) Were [Melton's] carpal tunnel complaints related to his job with [International Paper] and

"(3) The extent of permanent partial disability/physical impairment or loss of earning capacity of [Melton], if any, resulting from the accidents and/or injuries, and the amount of [workers'] compensation benefits which [Melton] is entitled to receive in this case, if any, and

"(4) Any medical expenses to which [Melton] may be owed which have not been paid by [International Paper]."

The trial court, after a very thorough summary of the testimony and evidence presented at the trial, found that Melton had given International Paper adequate and proper notice of his carpal tunnel syndrome; that Melton had proven by clear and convincing evidence that his carpal tunnel syndrome was work related; and that Melton had sustained a "physical impairment/permanent partial disability/loss of earning capacity" of 40% as a result of the work-related injuries. The trial court also ordered International Paper to pay Melton's past medical expenses related to his carpal tunnel syndrome. International Paper appeals.

Standard of Review

In a workers' compensation case, "[i]n reviewing pure findings of fact, the finding of the circuit court shall not be reversed if that finding is supported by substantial evidence." § 25-5-81(e)(2), Ala.Code 1975; Ex parte Trinity Indus., Inc., 680 So.2d 262, 268 (Ala.1996) (holding that a trial court's finding of fact will not be reversed if that finding is supported by substantial evidence, i.e., if that finding is supported by evidence of "`such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved'" (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989))). Our review of legal issues shall be without a presumption of correctness; § 25-5-81(e)(1) provides that "[i]n reviewing the standard of proof set forth herein and other legal issues, review... shall be without a presumption of correctness."

Notice of Carpal Tunnel Syndrome

Citing § 25-5-78, Ala.Code 1975,¹ International Paper first contends that the trial court erred in finding that Melton gave adequate notice of his carpal tunnel syndrome.

Regarding this issue, the trial court found, in pertinent part:

"A[n] ... issue in this case involves when notice of [the carpal tunnel syndrome] claim was given to [International Paper]. [Melton] was first diagnosed with carpal tunnel syndrome by [n]eurosurgeon, Dr. W.S. Fisher on January 3, 1996 and testified that he gave notice to his employer some time after he was diagnosed with said condition when he was advised by his physician that such was work related. [Melton] also testified that he was suffering from carpal tunnel symptoms when he gave notice to [International Paper], at the time he filed his lawsuit and that he continues to have such symptoms presently while working for [International Paper]. [Melton] also testified that his carpal tunnel syndrome claim had been denied by [International Paper's] third party administrator and medical records from [n]eurosurgeon, Dr. Zenko Hrynkiw, dated July 14, 1997, indicate that [International Paper's] administrator would not approve a nerve test for such. Based upon said evidence that [Melton] reported said claim upon learning that it was work related, the ongoing nature of said carpal tunnel problem and the undisputed testimony that said claim was denied, the Court finds that [Melton] provided adequate notice to [International Paper].

"....

"Regarding the notice issue of [Melton's] carpal tunnel claim, the courts have held that the date of injury for cumulative trauma disorders such as carpal tunnel syndrome is the date of last exposure to the injurious job stimulation. Gattis v. NTN-Bower Corp., 627 So.2d 437, 438-39 (Ala.Civ.App.1993). Since [Melton] is currently still being exposed to such injurious stimulation and has previously given notice, written and verbal, ([Melton] testified he reported to [International Paper] and he has filed a verified complaint) the Court hereby finds proper notice was given regarding his carpal tunnel syndrome claim."

Although Gattis v. NTN-Bower Corp., 627 So.2d 437 (Ala.Civ.App.1993) (cited by the trial court in its judgment), involved the issue of when the statute of limitations begins to run on an employee's claim for workers' compensation benefits based on injurious exposure to chemicals, this court, in Dun & Bradstreet Corp. v. Jones, 678 So.2d 181 (Ala.Civ.App.1996), adopted the holding in Gattis for the purpose of determining the date on which the statute of limitations begins to run on claims involving cumulative-stress injuries, such as carpal tunnel syndrome. In Dun & Bradstreet, this court held:

"[I]n cases involving personal injury resulting from cumulative physical stress the date of the injury is the date of the employee's last exposure to the injurious job stimulation, for purposes of determining the date from which the limitations period begins to run on the employee's claim for workers' compensation benefits."

678 So.2d at 185. Moreover, in Zeanah v. Stewart Animal Clinic, P.C., 752 So.2d 505, 508 (Ala.Civ.App.1999), this court relied upon Dun & Bradstreet in concluding that, for purposes of the notice requirements under § 25-5-78, "[f]or accidents or occurrences involving cumulative-stress disorders, the date of the worker's last exposure to the stressor is considered the date of the injury."

Although International Paper attempts to factually distinguish Zeanah from the present case, what International Paper argues in actuality is that the application of the rule stated in Zeanah to the facts in the present case would create an unjust result. International Paper contends that there is no...