Stancil v. Massey
Stancil v. Massey
Opinion of the Court
In January 1959 appellee George E. Stancil sustained an accidental injury to his back arising out of and in the course of his employment with appellant Edgar G. Lail. The other appellant, Reliance Insurance Company, which was Lail’s workmen’s compensation carrier, voluntarily made disability payments to Stancil for the period from January 16, 1959 to June 1, 1959. The last payment of compensation was made on June 10, 1959.
Shortly after the accident the employee was examined by a physician designated and paid by the carrier, and his condition was diagnosed as a mild back strain. He was treated for this condition until May 1959 when he was discharged and informed that he had no further disability.
Section 13 of the Act (33 U.S.C. § 913 (1964)) requires a claim for compensation to be filed within one year after the “injury,” or within one year after the last voluntary payment of compensation.
The hallmark of this statute is hospitality to the claimant. The Supreme Court has said that the Act is to be liberally construed in accord with its purpose in a way which avoids harsh and incongruous results. Voris v. Eikel, 346 U.S. 328, 333, 74 S.Ct. 88, 98 L.Ed. 5 (1958); Reed v. S.S. Yaka, 373 U.S. 410, 415, 83 S.Ct. 1349, 10 L.Ed.2d 448 (1963). This court has also stated that the Act is to be construed with a view to its beneficent purposes and that doubts are to be resolved in favor of the employee. Friend v. Britton, 95 U.S.App.D.C. 139, 220 F.2d 820, cert. denied sub nom. Harry Alexander, Inc. v. Friend, 350 U.S. 836, 76 S.Ct. 72, 100 L.Ed. 745 (1955).
With this approach, the precise words of the Act take on special significance. Congress used “injury”, in the limitations clause, not “accident” or “disability”. These terms are not synonymous. “Accident” refers to the event causing the harm, “injury” to the harmful physical (in some instances, psychological) consequences of that event which need not occur or become obvious simultaneously with the event.
This reading accords with the great majority of decisions under similarly worded state compensation statutes. These cases have held claims to have been timely filed, in comparable circumstances, although the period of limitations, if computed from the date of the accident, would have run.
On the record, this case fits into the class of unknown harms. When appellee was discharged from treatment in May 1959, he was told in effect that the injury he had suffered would not further affect his capacity to earn a livelihood beyond the weeks he had already taken off (and for which he has been paid compensation under the Act). See note 1, supra."
We have, then, a case in which,, up to December 1962, the employee reasonably believed, on the basis of advice from the carrier’s doctor, that he had simply suffered a back strain, that after May 1959 he had no further physical disability, and that his recurrent pain was connected with that strain and would disappear without lasting effect. On that basis, he had no reason to file a compensation claim under the Act. In his eyes, he had, in the statutory words, no “injury” for which he could file a claim, until the diagnosis of herniated discs in December 1962.
In making this determination, we are not invading the province of the Deputy Commissioner as to fact-finding. He did not make any contrary findings. As we read his first order (denying compensation) it rested wholly on his legal interpretation of § 13 of the Act, not on a determination that the employee had been earlier alerted to the potential gravity of his condition. Nor is there occasion to remand to the administrator for further findings. The facts we have recited are undisputed in the record. No other factual conclusion could be reached than that appellee was reasonably unaware, until December 1962, that he was in fact disabled.
We are not holding that the running of limitations was deferred simply
Appellants contend, however, that the Supreme Court’s decision in Pillsbury v. United Eng’r Co., supra, 342 U.S. 197, 72 S.Ct. 223, 96 L.Ed. 225, requires us to reach a contrary result. That ease is not opposed to our holding. The Court in Pillsbury was not asked to construe the term “injury” for latent injury cases. Rather, it was asked to decide whether the period of limitations in § 13 of the Act ran from the time of injury or the time of disability. Disability under the Act is a hybrid concept with both medical and economic components. It is such incapacity caused by injury which makes an employee actually (not merely potentially) unable to earn the wages he was receiving at the time of his injury. Longshoremen’s and Harbor Workers’ Compensation Act, §• 2(10), 33 U.S.C. § 902(10) (1964); see note 4, supra. There was no latent, undisclosed, or unknown injury involved in Pillsbury. Each of those claimants suffered a clear physical injury, which did diminish their general capacity to earn money, but they were not technically “disabled” under the Act in the.year after the injury because the particular employers continued to pay them full wages during that time despite their injuries. There was no suggestion that the men were unaware, from the beginning, of the full character, extent, and impact of the physical harm done to them. S.ee the details set forth in the Ninth Circuit’s opinion, 187 F.2d 987, 988-989, as well as in the District Court’s opinion, 92 F.Supp. 898, 900-901. The Supreme Court held that claims for compensation filed more than one year from the time of injury were barred, although they were filed within one year after “disability” (in the statutory sense) occurred.
Affirmed.
WILBUR K. MILLER, Senior Circuit Judge, dissents.
. At the compensation hearing, the doctor, an orthopedist, testified that when he first saw Stancil he thought his patient “had a mild lumbosacral strain with a severe functional overlay” (J.A. 43), that when Stancil was discharged at the end of May the diagnosis was the same (with a change from “mild” to “moderate” strain) (J.A. 44), that at that time the doctor “didn’t think that he had any residual disability” (J.A. 45), that the doctor probably so told Stancil and indicated that no further treatment was necessary (J.A. 45), and that the final written diagnosis at that time was that the patient was discharged without disability (J.A. 45).
. The orthopedist testified at the administrative hearing that, after the operation,
. Section 13(a) provides in relevant part: “The right to compensation for disability under this chapter shall be barred unless a claim therefor is filed within one year after the injury, and the right to compensation for death shall be barred unless a claim therefor is filed within one year after the death, except that if payment of compensation has been made without an award on account of such injury or death a claim may be filed within one year after the date of the last payment. Such claim shall be filed with the deputy commissioner in the compensation district in which such injury or such death occurred.”
. “Disability” in this Act is a medico-economic term, meaning actual incapacity because of injury to earn the wages which the claimant was receiving. See Pillsbury v. United Engineering Co., 342 U.S. 197, 198, 72 S.Ct. 223, 96 L.Ed. 225 (1952), and the discussion infra.
. See, e. g. Martin v. Industrial Comm’n, 88 Ariz. 14, 352 P.2d 352 (1960) ; T. J. Moss Tie & Trucking Co. v. Martin, 220 Ark. 265, 247 S.W.2d 198 (1952) ; Pacific Indem. Co. v. Industrial Accident Comm’n, 34 Cal.2d 726, 214 P.2d 530 (1950) ; Esposito v. Marlin-Rockwell Corp., 96 Conn. 414, 114 A. 92 (1921); International Detrola Corp. v. Hoffman, 224 Ind. 613, 70 N.E.2d 844 (1947) ; Guderian v. Sterling Sugar & Ry., 151 La. 59, 91 So. 546 (1922) ; Hustus’ case, 123 Me. 428, 123 A. 514 (1924) ; Clausen v. Minnesota Steel Co., 186 Minn. 80, 242 N.W. 397 (1932) ; Wheeler v. Missouri Pac. R. R., 328 Mo. 888, 42 S.W.2d 579 (1931) ; Crites v. Missouri Dry Dock & Repair Co., 348 S.W.2d 621 (Mo.App. 1961) ; Johansen v. Union Stockyards Co., 99 Neb. 328, 156 N.W. 511 (1916) ; Welke v. City of Ainsworth, 179 Neb. 496, 138 N.W.2d 808 (1965) ; Harlow v. Hare, 51 N.M. 326, 184 P.2d 300 (1947) ; Provencher v. Glas-Kraft, Inc., 264 A.2d 916 (R.I. 1970) ; Duplan Corp. v. Wilson, 210 Tenn. 315, 358 S.W.2d 322 (1962) ; Stolp v. Department of Labor, 138 Wash. 685, 245 P. 20 (1926) ; Acme Body Works v. Koepsel, 204 Wis. 493, 234 N.W. 756 (1931). Contra, Cooke v. Holland Furnace Co., 200 Mich. 192, 166 N.W. 1013 (1918) ; Bjorseth v. North Dakota Workmen’s Compensation Bureau, 62 N.D. 623, 244 N.W. 515 (1932).
. See, e. g. R. J. Reynolds Tobacco Co. v. Hudson, 314 F.2d 776 (5th Cir. 1963) ; Hungerford v. United States, 307 F.2d 99 (9th Cir. 1962) ; Young v. Clinchfield R. R., 288 F.2d 499 (4th Cir. 1961) ; Brush Beryllium Co. v. Meckley, 284 F.2d 797 (6th Cir. 1960) ; Billings v. Sisters of Mercy, 86 Idaho 485, 389 P.2d 224 (1964) ; Potter v. Midland Cooperatives, Inc., 248 Minn. 380, 80 N.W.2d 59 (1956) ; Flanagan v. Mount Eden Gen. Hosp., 24 N.Y.2d 427, 301 N.Y.S.2d 23, 248 N.E.2d 871 (1969).
. Stancil, described by the doctor as a very anxious type, was told to get light work if he could, because he would be less apt to injure his back, but the orthopedist’s testimony is clear that he did not then regard Stancil as having any further disability stemming from the accident of January 1959. His records carried Stancil as without disability. See note 1, supra.
. Appellants counter that Stancil, because of the continued pain and his ability to do only light work, must have known previously, despite what the doctor said, that something was wrong and that his capacity to work had been reduced. This argument disregards the cardinal element that appellee had a right to rely on the advice of the carrier’s doctor that he was not physically disabled and that the pain would diminish, presumably shortly. Workmen should not be required to overrule conclusions of the employer-designated medical experts, and to insist that the doctors are wrong. Cf. Aerojet-General Shipyards, Inc. v. O’Keeffe, supra, 413 F.2d 793, 795-796 (5th Cir. 1969).
. The “disability” apparently came about when the employees had to leave work or began to receive less than full wages.
. At least two lower court rulings under the Act have reached the same result as we have, in cases not involving an occupational disease. Di Giorgio Fruit Corp. v. Norton, 93 F.2d 119 (3d Cir. 1937), cert. denied, 302 U.S. 767, 58 S.Ct. 480, 82 L.Ed. 596 (1938) ; Kropp v. Parker, 8 F.Supp. 290 (D.Md. 1934). For the reasons given in the text, supra, we do not think these pra-Pillsbnry decisions have been disturbed by that opinion.
Reference
- Full Case Name
- George E. STANCIL v. William L. MASSEY, Deputy Commissioner, United States Department of Labor, Edgar G. Lail, t/a L & L Painting Co., Reliance Insurance Company
- Cited By
- 31 cases
- Status
- Published