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Harman v. Department of Labor & Industries5/30/2002
Pursuant to RCW 51.28.050, '{n}o application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred.' The Department of Labor and Industries appeals from a superior court decision regarding workers' compensation benefits. The Department contends the trial court erred when it determined the statutory one-year claim filing deadline was subject to equitable tolling. We agree, reversing the trial court's contrary conclusion.
FACTS
In July 1996, Kristi Harman injured her back while performing duties for her employer, Westinghouse Hanford, in Benton County. Ms. Harman claims she reported the injury to her employer immediately but this allegation is disputed. Apparently due to her injury, in August 1996 the employer conducted an ergonomic assessment of Ms. Harman's work area and provided her with an adjustable chair. Ms. Harman formally reported the July incident to her immediate supervisor on October 10, 1996. The supervisor then accompanied Ms. Harman to the Hanford Environmental Health Foundation (HEHF) where a physician examined her. The injury was later diagnosed as a herniated disc at the T 7-8 level. Her treatment included physical therapy and medication.
Ms. Harman later contacted another physician, Dr. James Hazel, about her injury. She claims someone on Dr. Hazel's staff informed her that Dr. Hazel would not treat her as a labor and industries patient but that she need not be concerned because she had seven years in which to file a claim. Dr. Hazel's staff denies this occurred.
It is undisputed that prior to her on the job injury Ms. Harman had no contact with the Department or experience with the application for benefits process under the Industrial Insurance Act (IIA). It is also undisputed that her employer provided periodic training on labor and industries issues and posted informational material at various locations around the workplace. The parties agree that Ms. Harman mistakenly believed that she had applied for benefits under the IIA by making the injury report to her employer and HEHF on October 10, 1996. The parties also agree that Ms. Harman was notified both verbally and in writing that her examination at HEHF was not a claim for benefits under the IIA. She was informed that a workers' compensation claim application form was available through her employer, HEHF personnel, a physician, or the Department. Ms. Harman signed a form acknowledging her receipt of the claim application information.
Ms. Harman filed an application for benefits with the Department on November 17, 1997, which was nearly 16 months after her injury. The Department rejected the claim as untimely. After reconsideration, the Department affirmed its decision. Ms. Harman appealed to the Board of Industrial Insurance Appeals, which affirmed the Department. After Ms. Harman's petition for review was denied, she filed a timely notice of appeal to the Benton County Superior Court. The trial court reversed the Board's decision, finding equitable grounds existed to excuse Ms. Harman's late filing based on the failure of Dr. Hazel and the Department to notify her of her rights under the IIA. The Department filed a timely appeal to this court.
ANALYSIS
The sole issue on appeal is whether the trial court erred when it determined equitable principles supported reversal of the Department's determination that Ms. Harman's claim under the IIA was not timely filed. Our review of a decision by the Board is de novo and is limited to the testimony and evidence presented to the Board. Rabey v. Dep't of Labor & Indus., 101 Wn. App. 390, 393, 3 P.3d 217, review granted, 142 Wn.2d 1007
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