Wheeler v. Newport News Shipbuilding & Dry Dock Co.
637 F.3d 280
| 4th Cir. | 2011Background
- Wheeler sustained a knee injury in 1992 at Newport News Shipbuilding; she was awarded scheduled permanent partial disability and temporary total disability benefits.
- In 2003, after the Board denied further total disability benefits, the employer had completed compensation payments for Wheeler's scheduled partial disability.
- Following 2003, Wheeler continued authorized medical treatment funded by the employer, including knee surgeries in 2006 and 2008.
- On September 13, 2007, Wheeler sought modification of her disability award under Section 22 to obtain temporary total and partial disability benefits for periods related to her deteriorating condition.
- An ALJ and then the Board held Wheeler's modification request untimely because it was filed more than one year after the last payment of compensation.
- Wheeler argued that Section 22's term 'compensation' includes employer payments for medical services, which would make her modification timely; the court ultimately rejected this interpretation and affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Section 22's 'compensation' include medical payments? | Wheeler: medical payments are compensation under §22. | Employer: Section 22 excludes medical payments from 'compensation'. | Compensation excludes medical payments; modification time-bar applies. |
Key Cases Cited
- Jenkins v. Md. Shipbuilding & Drydock Co., 594 F.2d 404 (4th Cir. 1979) (compensation includes medical benefits)
- Plets v. Marshall, 317 U.S. 383 (1943) (medical benefits not part of initial compensation claim under §13)
- Brown & Root, Inc. v. Sain, 162 F.3d 813 (4th Cir. 1998) (omission of medical benefits from certain 'compensation' contexts)
- Betty B Coal Co. v. Director, OWCP, 194 F.3d 491 (4th Cir. 1999) (modification remedy broadly construed; but time limits still enforceable)
- Intercounty Constr. Corp. v. Walter, 500 F.2d 815 (D.C. Cir. 1974) (historical development of §22 to broaden modification period)
- Walter, 422 U.S. 1 (U.S. 1975) (legislative history of §22 amendment to broaden modification window)
- Rambo v. Metropolitan Stevedore Co., 515 U.S. 291 (1995) (limits on modification not to be read narrowly; context differs)
- Banks v. Chicago Grain Trimmers Ass'n, Inc., 390 U.S. 459 (1968) (limits on modification interpreted in light of §22 history)
- Gould v. U.S. Dep't of Health & Human Servs., 905 F.2d 738 (4th Cir. 1990) (statutes of limitations serve important purposes and should be enforced)
- Pillbury v. United Eng'g Co., 342 U.S. 197 (1952) (humanitarian aim but cannot rewrite statute of limitations)