This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The claimant, a legal office employee, suffered an accident at work on September 5, 1990, which caused pain in her hands and arms while typing. Despite modifications to her workstation, she continued working with pain until December 31, 1991, when the pain became unbearable, and she sought medical treatment. Her physician diagnosed her with carpal tunnel syndrome, a cumulative trauma disorder, and restricted her typing to four hours per day (paras 2-3, 7).
Procedural History
- Workers' Compensation Administration: Determined that the insurance company covering the employer at the time of the claimant's disability (December 1991) was responsible for paying disability benefits (paras 1, 4).
Parties' Submissions
- Appellant (Mountain States Mutual Casualty Company): Argued that liability should be determined based on the date of the accident (September 5, 1990) rather than the date of disability (December 31, 1991), citing the precedent in Garcia v. Mora Painting & Decorating. Additionally, it contended that there was insufficient evidence to support the finding that the claimant did not know she had a compensable injury until December 31, 1991, and challenged the sufficiency of causation evidence (paras 4, 6-8).
- Respondents (Claimant and Travelers Insurance Company): Asserted that the date of disability, not the date of the accident, determines liability, as the claimant's continued work activities contributed to her disability. They argued that the evidence supported the finding that the claimant became disabled on December 31, 1991, and that causation was sufficiently established (paras 4-8).
Legal Issues
- Whether the date of the accident or the date of disability determines which insurance company is liable for workers' compensation benefits.
- Whether there was substantial evidence to support the finding that the claimant became disabled on December 31, 1991.
- Whether there was sufficient evidence to establish causation between the claimant's work activities and her disability.
Disposition
- The Court of Appeals affirmed the decision of the Workers' Compensation Administration, holding that the date of disability, not the date of the accident, determines liability for workers' compensation benefits (paras 1, 4, 6).
Reasons
Per Donnelly J. (Minzner CJ. and Pickard J. concurring):
The court held that the date of disability, rather than the date of the accident, is the determinative factor for establishing liability for workers' compensation benefits. It distinguished the case from Garcia v. Mora Painting & Decorating, noting that Garcia involved two separate employers, whereas this case involved a single employer with successive insurance carriers. The court emphasized that compensation is triggered when a work-related injury becomes disabling, as supported by prior case law and legal commentary (paras 4-5).
The court found substantial evidence to support the Workers' Compensation Judge's determination that the claimant became disabled on December 31, 1991. It noted that the claimant continued working in pain until she sought medical treatment on that date, and her physician confirmed that her condition was a cumulative trauma disorder. The court rejected Mountain States' argument that the claimant should have been found disabled earlier, stating that the evidence supported the judge's finding (paras 6-7).
Regarding causation, the court held that the physician's testimony reasonably inferred that the claimant's injury was caused by cumulative trauma from her work activities up to December 1991. The court clarified that causation testimony need not be expressed in exact statutory language as long as it reasonably connotes the statutory requirements (para 8).
Finally, the court deemed Mountain States' issue regarding attorney fees abandoned, as it was not opposed in the second calendar notice (para 9).