Snipes v. Vickers
| Decision Date | 03 January 1997 |
| Docket Number | No. S-96-406,S-96-406 |
| Citation | 251 Neb. 415,557 N.W.2d 662 |
| Parties | Dennis SNIPES, Appellant, v. Sperry VICKERS, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Workers' Compensation: Appeal and Error. A judgment, order, or award of the Workers' Compensation Court may be modified, reversed, or set aside only upon the grounds that (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the order, judgment, or award; or (4) the findings of fact by the compensation court do not support the order or award.
2. Workers' Compensation: Appeal and Error. An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law.
3. Statutes: Appeal and Error. Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below.
4. Statutes: Legislature: Intent: Appeal and Error. In determining the meaning of a statute, an appellate court may conjunctively consider and construe a collection of statutes which pertain to a certain subject matter to determine the intent of the Legislature so that different provisions of the act are consistent, harmonious, and sensible.
5. Workers' Compensation: Limitations of Actions. When payments of workers' compensation have been made, the statute of limitations will not take effect until the expiration of 2 years from the time of the making of the last payment.
6. Workers' Compensation: Limitations of Actions. There are at least two exceptions that apply to Neb.Rev.Stat. § 48-137 (Reissue 1993). The first is the situation where the injury is "latent and progressive" and is not discovered within 2 years of the accident which caused the injury. The second is when a material change occurs which necessitates additional medical care and for which the employee suffers increased disability.
7. Workers' Compensation: Limitations of Actions: Pleadings. When the parties are unable to agree on the workers' compensation owed, the worker's remedy is to file a petition in the compensation court. Such a petition must be filed within 2 years from the time the employee knows or is chargeable with knowledge that the employee's condition has materially changed and that there has been such a substantial increase in disability as to entitle the employee to additional compensation.
Thomas F. Dowd, of Dowd, Dowd & Fahey, Omaha, for appellant.
Robert D. Mullin, Jr., of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee.
On February 2, 1984, plaintiff-appellant, Dennis Snipes, suffered an eye injury in the course of his employment by defendant-appellee, Sperry Vickers. Sperry Vickers paid all medical expenses and all temporary and permanent disability benefits. As a result of his eye injury, Snipes was required to wear glasses. When Snipes so requested, he was examined by an ophthalmologist, who would change his prescription if appropriate. Sperry Vickers paid for all examinations and glasses through August 14, 1992.
On March 9, 1995, Snipes was examined by his ophthalmologist, who changed Snipes' prescription for glasses. It is stipulated that the cost of the examination and the new glasses is a result of the injury at work on February 2, 1984, and that Snipes had no claim against Sperry Vickers between August 14, 1992, and March 9, 1995.
Sperry Vickers refused to pay the cost of the eye examination and the resultant cost of new glasses. It urges that the claim was filed more than 2 years after the last payment and that Neb.Rev.Stat. § 48-137 (Reissue 1993) establishes a 2-year limitation period. Snipes filed an amended petition against Sperry Vickers in the Nebraska Workers' Compensation Court on April 12, 1995. Snipes claims that Sperry Vickers is liable for his medical expenses as and when needed. Snipes further alleges that the statute of limitations could not run until such time as he had a claim, which he did not have until March 9, 1995.
A majority of the review panel confirmed the trial court's finding that the statute of limitations took precedence over the requirement to pay medical expenses. One judge dissented.
Snipes appealed to the Nebraska Court of Appeals, arguing that the statute of limitations had not run because the claim was filed as soon as it occurred. We removed the case to our docket pursuant to our power to regulate the docket of the Court of Appeals. We affirm.
The parties stipulated to the following facts:
On February 2, 1984, [Snipes] was employed by [Sperry Vickers] when he suffered an injury to his right eye arising out of and in the course of his employment
....
As a result of the injury, [Snipes'] vision in his right eye was reduced to less than 20/20.
William R. Schlichtemeier, M.D., d/b/a Cornea Associates, P.C., performed surgery in 1984 on [Snipes'] right eye. With the use of glasses, [Snipes] has some, but not all the vision in his right eye.
Since 1984 [Snipes] has been examined by John Fitzpatrick, M.D., W.R. Schlichtemeier, M.D., and Stanley M. Truhlsen, M.D. and glasses were purchased.
[Sperry Vickers] paid all medical expenses, expenses for glasses, temporary disability and permanent disability benefits through August 14, 1992. [Sperry Vickers] made no payments to or on behalf of [Snipes] after August 14, 1992.
After August 14, 1992 and before March 9, 1995, [Snipes] incurred no medical expenses for which [Sperry Vickers] would be liable and [Snipes] had no claim against [Sperry Vickers] for which workman's compensation benefits would be due or owing.
On March 9, 1995, [Snipes'] right eye was examined by W.R. Schlichtemeier, M.D. Dr. Schlichtemeier changed the prescription for [Snipes'] glasses and [Snipes] needs a replacement set of glasses.
The examination and treatment by W.R. Schlichtemeier, M.D. on March 9, 1995 and the cost of a replacement set of glasses is directly and proximately caused by and arose out of [Snipes'] injury while in the course of his employment by [Sperry Vickers] on February 2, 1984.
The fair and reasonable charge for the examination by W.R. Schlichtemeier, M.D. on March 9, 1995 is $60.00.
The fair and reasonable charge for the glasses ordered by W.R. Schlichtemeier, M.D. is $440.00.
Dr. Schlichtemeier's statement in the amount of $60.00 and the statement of Malbar Vision Center in the amount of $440.00 [were] submitted to [Sperry Vickers].
[Sperry Vickers] refused to pay the statements of Dr. Schlichtemeier and Malbar Vision Center on the grounds that more than two years has passed since August 14, 1992, the date of it's [sic] last compensation payment and as a result, [Snipes'] claim is barred by the statute of limitations, § 48-137 R.R.S. 1993.
Snipes alleges that the medical expense is payable as a reasonable and necessary medical expense as provided for in Neb.Rev.Stat. § 48-120 (Reissue 1993) and is not barred by the statute of limitations, since it did not commence because Snipes had no compensable claim to make between August 14, 1992, and March 9, 1995.
Snipes assigns as error the following: (1) Errors of law were committed by the trial court; (2) the court's decision was contrary to law; (3) the court's decision was contrary to the facts; (4) the court failed to order Sperry Vickers to pay Snipes' medical bill incurred "as and when needed" as required by § 48-120(1); (5) the court found Snipes' claim for medical expenses which are stipulated to have arisen out of his employment by Sperry Vickers and on which suit was filed within 2 months of the date of medical care was barred by the statute of limitations, § 48-137; (6) the court found the statute of limitations, § 48-137, begins to run before a right to file a claim for medical expenses has arisen; and, finally, (7) the court failed to award Snipes an attorney fee.
A judgment, order, or award of the Workers' Compensation Court may be modified, reversed, or set aside only upon the grounds that (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the order, judgment, or award; or (4) the findings of fact by the compensation court do not support the order or award. Berggren v. Grand Island Accessories, 249 Neb. 789, 545 N.W.2d 727 (1996); Pettit v. State, 249 Neb. 666, 544 N.W.2d 855 (1996); Scott v. Pepsi Cola Co., 249 Neb. 60, 541 N.W.2d 49 (1995); Toombs v. Driver Mgmt., Inc., 248 Neb. 1016, 540 N.W.2d 592 (1995).
An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law. Berggren, supra; Hull v. Aetna Ins. Co., 249 Neb. 125, 541 N.W.2d 631 (1996); Scott, supra.
The parties stipulate that the issue for this court to decide is whether or not a claim for medical expenses incurred more than 2 years after the last payment of compensation is barred by the statute of limitations when the employee had no compensable claims to file between August 14, 1992, the date of the last payment of compensation, and March 9, 1995, the date of the examination by Dr. William R. Schlichtemeier. We hold that the claim in this case is barred by the statute of limitations.
The answer to the issue presented by stipulation requires statutory interpretation of various sections of the Workers' Compensation Act, Neb.Rev.Stat. § 48-101 et seq. (Reissue 1993 & Cum.Supp.1994). Statutory interpretation is a matter of law in connection with which we have an obligation to reach an independent, correct conclusion irrespective of the determination made by...
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