Harris v. United Water Services, Inc.
2011 Ind. App. LEXIS 448
| Ind. Ct. App. | 2011Background
- Harris worked as an operator-in-training for United Water Services, Inc., at a wastewater plant.
- On December 15, 2005, Harris was splashed in the face with wastewater and later developed a bacterial infection, acid reflux, an ulcer, and gastric cancer.
- Harris filed a workers’ compensation claim; United Water moved to dismiss as time-barred, asserting the illness stemmed from a single incident and was not filed within two years.
- Harris claimed the condition could be an occupational disease or a repetitive injury, which would toll or alter the statute of limitations.
- The initial hearing member and later the Board found Harris admitted the December 15, 2005 incident was the sole cause and untimely; Harris appeals.
- On review, the court reverses, finds Harris’s deposition does not prove admission of a single-incident cause, and remands for correct burden and further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review | Board ruling on paper; de novo review warranted. | Apply deferential agency-review standard. | Apply deferential standard consistent with NIPSCO. |
| Classification of Harris's illness | Illness is an occupational disease or repetitive injury, not a single-incident injury. | Illness stems from a single accident; statute of limitations runs. | If occupational disease or repetitive injury, limitations differ; need correct classification and evidence. |
| Harris's deposition evidence | Testimony did not admit sole link to December 15, 2005 incident. | Board correctly found admission of single incident and deadline. | Board misread deposition; Harris did not admit sole-incident cause; remand for proper burden. |
| Burden of proof | Harris bears burden on merits; Board bears burden to justify dismissal. | Harris bears burden to show timely filing or tolling; Board properly dismissed. | Remand to apply correct burden of proof. |
Key Cases Cited
- GKN Co. v. Magness, 744 N.E.2d 397 (Ind.2001) (jurisdiction burden on movant; lack of jurisdiction framework)
- Northern Indiana Public Service Co. v. United States Steel Corp., 907 N.E.2d 1012 (Ind.2009) (standard of review for agency orders; deference to agency expertise)
- Duvall v. ICI Americas, Inc., 621 N.E.2d 1122 (Ind.Ct.App.1993) (trauma equals injury; exposure concept; occupational disease distinction)
- Casey v. Stedman Foundry & Mach. Co., 134 Ind.App. 291, 186 N.E.2d 177 (Ind.Ct.App.1962) (occupational disease gradual development and causal link)
- Stytle v. Angola Die Casting Co., 806 N.E.2d 339 (Ind.Ct.App.2004) (disablement timing within two-year last-day-of-exposure rule)