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Leighton v. S.D. Warren Co.10/20/2005
Reporter of Decisions
Argued: June 14, 2005
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
[ ] In this appeal from a decision of a hearing officer of the Workers' Compensation Board (Dunn, HO), we are called upon to decide which party has the burden of proof with regard to whether the employer had contemporaneous notice that payments made for a later injury related in part to a prior injury, thereby tolling operation of the statute of limitations for the prior injury, 39 M.R.S.A. § 95 (Supp. 1982). We conclude that the employer bears the burden of establishing when the latest payment for the original injury was made, but that the burden shifts to the employee to establish that the statute of limitations has been tolled through contemporaneous notice. Because the hearing officer properly allocated the respective burdens in this case, we affirm the decision.
I. BACKGROUND
[ ] Arthur Leighton worked in the pulp mill at S.D. Warren from 1970 until January of 2003. On May 29, 1983, Leighton injured his right hand in a work-related accident, when his sleeve got caught in a chain and dragged his hand into a sprocket. As a result, his right ring finger was partially amputated. He had several surgeries after the amputation to repair nerve damage in the finger. He was released to regular duty work on April 6, 1987.
[ ] S.D. Warren's predecessor accepted the injury and paid Leighton's incapacity benefits and medical bills. The employer also entered into a permanent impairment agreement with Leighton regarding this injury. Leighton last received medical treatment for the 1983 injury on September 24, 1991. The bill for that treatment was paid on November 18, 1991.
[ ] Leighton worked regular duty at S.D. Warren from 1987 until, on January 26, 2000, he sustained a crush injury to his right middle finger at work, resulting in the amputation of the tip of that finger and requiring several subsequent surgeries to repair nerve damage. S.D. Warren accepted that injury and paid the related medical and incapacity benefits.
[ ] Leighton returned to work sometime after the 2000 injury, but was restricted to light duty. In January of 2003, S.D. Warren terminated Leighton because light-duty work was no longer available. Since that time, Leighton has received total incapacity benefits.
[ ] On December 5, 2002, Leighton filed a petition for restoration of benefits related to the 1983 injury. He asserted that S.D. Warren had contemporaneous notice, before the passage of ten years after the last payment related to the ring finger, that payments subsequent to the 2000 injury related to both the 1983 and 2000 injuries, and, therefore, that the statute of limitations for the 1983 injury was tolled pursuant to Klimas v. Great Northern Paper Co.,582 A.2d 256 (Me. 1990).
[ ] At the evidentiary hearing, Leighton testified that his ability to use his right hand was diminished after the 2000 injury because of the combined effects of the 1983 and 2000 injuries. He testified that he had reported this to S.D. Warren doctors and his treating physician within the limitations period.
[ ] The Workers' Compensation Board hearing officer denied the petition for restoration, making an express finding of fact that the employer did not have contemporaneous notice that payments made after the 2000 injury related in part to the 1983 injury.
[ ] The hearing officer denied Leighton's request for additional findings, and Leighton filed a petition for appellate review, which we granted pursuant to 39-A M.R.S.A. § 322 (2001).
II. DISCUSSION
A. Burd
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