Knight v. Cannon Mills Co.

• Court: North Carolina Court of Appeals
• Writing for the Court: BECTON
• Citation: Knight v. Cannon Mills Co., 347 S.E.2d 832, 82 N.C.App. 453 (N.C. App. 1986)
• Decision Date: 19 August 1986
• Docket Number: No. 8610IC271,8610IC271
• Parties: Barney E. KNIGHT, Employee, v. CANNON MILLS COMPANY, Self-Insured, Employer.

Page 832

347 S.E.2d 832

82 N.C.App. 453

Barney E. KNIGHT, Employee, v. CANNON MILLS COMPANY, Self-Insured, Employer.

No. 8610IC271.

Court of Appeals of North Carolina.

Aug. 19, 1986.

Lore & McClearen by R. James Lore, for plaintiff-appellant.

Teague, Campbell, Dennis & Gorham by George W. Dennis, III, for defendant-appellee.

BECTON, Judge.

This appeal is from a denial of workers' compensation benefits claimed by Barney E. Knight under N.C.Gen.Stat. Sec. 97-53(13) (1985).

I

Barney Knight is in his late fifties. His formal education ended after the first grade; he cannot read, write, or sign his name; and he does not know his date of birth. The precise history of his employment is the subject of some dispute, but all parties agree that he worked on and off in the textile industry until 16 March 1981 when he last worked for defendant Cannon Mills.

Knight has chronic obstructive pulmonary disease which, according to Dr. Douglas G. Kelling, Jr., a pulmonary specialist and member of the Commission's Textile Occupational Disease Panel, contributes to his inability to engage in certain activities. The pulmonary disease is a combination of chronic bronchitis, emphysema and asthma. Knight has a long history of cigarette smoking, although the evidence is conflicting as to the average number of packs per day. Other significant conditions contributing to his physical impairment include: (1) chronic alcoholism, (2) a leg injury causing limited motion in his right knee, and (3) a clouded left cornea causing significant visual impairment. These conditions are not work-related.

Knight's lung disease was first diagnosed in 1977 by Cannon Mills' consulting physician, Dr. Kelling. According to his diagnosis, Knight's lung disease appeared to be "on the basis of his heavy cigarette smoking and exposure to cotton dust." He recommended that Knight work in areas where his exposure to cotton dust would be minimal, that he have annual lung function tests, that he stop smoking, and that he regularly see a physician for treatment of his lung disease. This report was sent to Dr. Vernon Burkhart, medical director for Cannon Mills. In early 1978, Dr. Burkhart stamped Knight's employment records to indicate that he should not work in dust or toxic fumes and that "workers' compensation" should be notified before Knight took a leave of absence or was terminated. Knight was then transferred to the yard force where dust exposure was minimal. He worked in the yard and the bleachery until his last day of work in 1981. The Industrial Commission was never notified by Cannon Mills of Knight's condition.

Cannon Mills claims, and Knight denies, that when Dr. Burkhart met with Knight in 1978, the doctor showed to him and explained the 1977 report and diagnosis by Dr. Kelling. Dr. Burkhart testified that he read to Knight a letter dated 12 January 1978, which stated that, according to separate tests conducted by Cannon Mills and Dr. Kelling, Knight's condition may be due to allergies and exposure to lung irritants, including smoke and cotton dust. Dr. Burkhart testified that after he read the letter to Knight, Knight marked it with an "X." Knight denies he was told of Dr. Kelling's diagnosis. He testified that Dr. Burkhart handed him a letter, without explanation and with an "X" already on it.

Knight claims he was first told that his lung disease might have been caused in part by cotton dust exposure by Dr. Kelling in October 1983. He filed a claim for benefits on 6 March 1984. Knight was then referred by the Commission to Dr. Charles D. Williams, Jr., another member of the Textile Occupational Disease Panel. Dr. Williams' report was placed in the record. Although Dr. Kelling had recorded Knight's smoking history as one-half pack per day for thirty-seven years, Dr. Williams recorded it as three to four packs per day for over forty years until 1983 when Knight cut down to one-half pack per day. Dr. Williams' extensive and detailed report states in part:

This combination of chronic bronchitis, pulmonary emphysema, and asthma is frequently referred to as chronic obstructive pulmonary disease. The entire problem could be accounted for by his many years of heavy cigarette smoking. It would not be necessary to invoke any other etiology to produce this degree of impairment. It is not at all clear to this examiner whether cotton dust played any contributory role in his impairment. The reasons for this uncertainty are numerous. It is not clear how much of his work experience was carried out in an at-risk area. He certainly does not give a history of "Monday Morning Syndrome"; however, he is a very poor historian with admittedly defective memory. It would not appear that his respiratory symptoms were any worse at work than at home. I do not find any pulmonary function studies which were clearly labelled as being done before and after exposure to the work environment. The pulmonary function studies which are available indicate a significant degree of airway obstruction and might not show evidence of cotton dust sensitivity even if such were present previously. Cotton dust has been implicated as a cause of chronic bronchitis even in non-smokers and could have played a contributory role in the production of his chronic obstructive pulmonary disease.

Cannon Mills denied liability for Knight's disease on the ground that it was not work-related. It also pleaded that Knight's claim had been filed too late.

At the hearing before the deputy commissioner, Knight offered evidence to show that Cannon Mills should be estopped to plead that his claim was time barred. Knight alleged that Cannon Mills induced him to delay filing a claim by paying his medical bills and by failing to tell him that his lung disease was work-related. Knight also asserted that Cannon Mills knew Knight had an occupational lung disease in 1977, failed to notify the Commission of this valid claim and failed to get the Commission's approval for medical payments made on Knight's behalf.

Knight also alleges that Cannon Mills is engaged in a pattern of intentionally deceiving employees about the causes of their lung diseases. He claims Cannon Mills has conspired with doctors who conduct medical examinations of Cannon Mills' employees to suppress knowledge of the occupational nature of the lung diseases they discover. He alleges that payments of medical bills are made without Commission approval in order to further suppress this information and to prevent the Commission from notifying the employees.

The deputy commissioner suppressed certain evidence offered by Knight at the hearing. The evidence suppressed by the deputy commissioner proved that Cannon Mills paid for the drug prescriptions and medical expenses relating to Knight's respiratory problems from 1977 to 1984 and that some of the bills contained words such as "workers' compensation." The deputy commissioner originally allowed the evidence at the hearing and reserved ruling on Cannon Mills' objections until after all the testimony. In her opinion and award, the deputy commissioner addressed Cannon Mills' objection and explained that Knight had offered the evidence "in order for him to show action of Cannon Mills which would estop Cannon Mills from pleading the two-year bar of G.S. 97-58." She then sustained the objection.

The deputy commissioner also ruled on Cannon Mills' objection to a hypothetical question that had been posed to Dr. Kelling. The objection was based on the ground that it assumed facts not in evidence. This ruling was also reserved pending introduction of the assumed facts, because Dr. Kelling's testimony had been taken out of turn. In her opinion and award, the deputy commissioner sustained the objection to the hypothetical question.

The deputy commissioner also made the following relevant findings of fact:

1. [Plaintiff's] ... memory is poor.

2. Beginning in the 1940's plaintiff worked for various textile companies, including Springs Industries and defendant, with whom he started employment in 1953. Although plaintiff was exposed to some cotton dust while he worked for defendant, there is no credible evidence as to the extent of plaintiff's exposure.

3. Plaintiff began smoking an average of three to four packs of cigarettes per day at the age of fourteen. In 1983 or 1984, he decreased his consumption to a half a pack of cigarettes per day. As a result of his heavy cigarette consumption, plaintiff has chronic obstructive pulmonary disease, which is a combination of chronic bronchitis, pulmonary emphysema, and asthma. There is no other significant etiological factor involved in the development or aggravation of plaintiff's chronic obstructive pulmonary disease.

Based on these findings, the deputy commissioner concluded as a matter of law:

Plaintiff's chronic obstructive pulmonary disease is due to causes and conditions which are not characteristic of the textile industry, is due to causes to which the general public is equally exposed outside the textile industry, and is, therefore, not compensable. G.S. 97-53(13).

Compensation was denied, and the full Commission affirmed.

On appeal, Knight argues that (1) the Commission erred in suppressing evidence of Cannon Mills' past conduct because that evidence is relevant to Knight's theory of estoppel; (2) the evidence and findings do not support the conclusion that Knight did not have an occupational disease; (3) the Commission abused its discretion in finding there was no credible evidence of the extent of exposure; and (4) the finding that Knight's exposure to cotton dust did not aggravate his lung disease is not supported by competent evidence.

We find no merit in Knight's arguments, and we affirm the decision below. First, we consider Knight's second, third and fourth arguments, relating to the sufficiency of the evidence and findings. Then we address his first argument, involving equitable estoppel.

II

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