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...