Ruter v. Hennepin Paper Co., 031899 MNWC,

Case DateMarch 18, 1999
CourtMinnesota
JERRY RUTER, Employee,
v.
HENNEPIN PAPER CO. and KEMPER NAT'L INS. CO., Employer-Insurer/Appellant,
and
BLUE CROSS/BLUE SHIELD OF MINN., MN DEP'T OF LABOR & INDUS., ST. CLOUD HOSP., and MN DEP'T OF HUMAN SERVS., Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
March 18, 1999
         HEADNOTES          OCCUPATIONAL DISEASE - DISABLEMENT; PRACTICE & PROCEDURE - STATUTE OF LIMITATIONS. While the employee had knowledge of the cause of his respiratory condition in March 1993, the condition had not resulted in disability at that time. Therefore, the three year statute of limitations under Minn. Stat. § 176.151(4) did not begin to run in March 1993. The employee was not disabled until he was off work in March 1996.          NOTICE OF INJURY. Where the employee had not given notice of his back injury within 30 days, but had given notice within 180 days, the employee was unaware that his back condition had worsened as a result of the work injury, and there was no prejudice to the employer for the delayed notice, the compensation judge could reasonably conclude that notice was sufficient.          Affirmed as modified.           Determined by: Hefte, J., Johnson, J., and Wheeler, C.J.           Compensation Judge: Harold W. Schultz           OPINION           RICHARD C. HEFTE, Judge          The employer and insurer appeal the compensation judge's finding regarding the date that the employee's occupational disease culminated and the finding that sufficient notice of the employee's back injury had been given. We affirm as modified.          BACKGROUND          Jerry Ruter (employee) began working for Hennepin Paper Company (employer) on October 27, 1976, when he was 25 years old. During all relevant times, the employer was insured for workers' compensation liability by Kemper National Insurance Company (insurer). At the time of the hearing, the employee was 46 years old. The employer's business involves making paper using raw wood, chemicals, and dyes, which results in fumes in the air at the employer's plant. The employee began having respiratory problems in the 1980's. In 1983, the employee's family physician, Dr. M.E. Neudecker, diagnosed the employee with bronchitis. The employee was treated for throat and nasal problems and upper respiratory infections, and testified that Dr. Neudecker told him that if his symptoms continued he should probably find another occupation. In the early 1990's, the employee experienced sneezing, coughing, inflamed sinuses, headaches, and a burning sensation in the lungs. By March 1993, the employee realized that his condition was related to his work, but he continued working and was treating only occasionally at that time, and did not report his condition to the employer. In 1994, Dr. Neudecker referred the employee to specialists at the St. Cloud Ear, Nose & Throat, Head & Neck Clinic, Allergy Associates, and Allergy & Asthma Associates. In 1995, the employee was referred to Dr. Malcolm Blumenthal at the University of Minnesota Asthma and Allergy Program. Dr. Blumenthal diagnosed that the employee had rhinitis, sinusitis and hyper reactive airways/asthma. In June 1996, Dr. Blumenthal concluded that the employee's work exposure was a significant contributing factor to his respiratory disability.          The employee also had low back problems. In June 1993, the employee sustained a low back injury that was not related to his work. An MRI scan indicated mild bulging at L3-4, L4-5 and L5-S1 with associated degenerative changes and no evidence of discrete...

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