Grotte v. North Dakota Workers' Compensation Bureau

I respectfully dissent. In my opinion, the limitation time for this claim was equitably tolled by payments made by claimant’s employer in lieu of a workers’ compensation claim.

While working as an oil field operator for Phillips Petroleum, Timothy Grotte was exposed to corrosive chemicals, including hydrogen sulfide gas. In June 1987, Grotte was hospitalized with pneumonia. After using Unavoidable Absence Benefits for employee illness, furnished by his employer and approved by his supervisor, LeRoy Sandberg, Grotte returned to work two weeks later. Grotte later developed bronchitis, and by…