ATEC Associates, Inc. v. Stewart

674 So. 2d 1296, 1995 Ala. Civ. App. LEXIS 283, 1995 WL 302397
CourtCourt of Civil Appeals of Alabama
DecidedMay 19, 1995
Docket2940320
StatusPublished
Cited by7 cases

This text of 674 So. 2d 1296 (ATEC Associates, Inc. v. Stewart) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ATEC Associates, Inc. v. Stewart, 674 So. 2d 1296, 1995 Ala. Civ. App. LEXIS 283, 1995 WL 302397 (Ala. Ct. App. 1995).

Opinion

ROBERTSON, Presiding Judge.

This is a workmen’s compensation case.

On August 26, 1991, Brian Ray Stewart filed a complaint in the Madison County Circuit Court, seeking workmen’s compensation benefits for an injury that, he alleged, had arisen out of and in the course of his employment as an environmental technician with ATEC Associates, Inc. (ATEC), and that had resulted in his permanent and total disability. Specifically, Stewart alleged that his exposure to toxic gasoline fumes while working for ATEC had caused him to develop leukemia. In a separate claim pursuant to § 25 — 5—11(b), Ala.Code 1975, Stewart sought actual and punitive damages from co-employees alleging that willful conduct on their part had caused him to develop leukemia. The two claims were separated pursuant to Rule 42(b), Ala.R.Civ.P. For the history and outcome of the co-employee willful conduct claim see Grimes v. Stewart, 628 So.2d 467 (Ala.1993).

Following our supreme court’s opinion in Grimes, swpra, the workmen’s compensation claim went forward. The parties agreed to submit the claim to the trial judge on the record compiled in the jury trial on the co-employee willful conduct claim and on the deposition of Dr. Jeremy K. Hon, Stewart’s treating physician. On February 18, 1994, the trial judge entered a judgment in favor of ATEC and against Stewart on his claim for workmen’s compensation benefits, stating that “the Supreme Court for the State of Alabama said ... there is no causal connection between [Stewart’s] employment and his medical condition.”

Stewart appealed the February 18, 1994, judgment to this court. We reversed and remanded the cause for further proceedings because the trial court erred in holding that the “law of the case” arising from our supreme court’s decision in Grimes dictated a finding that Stewart was not entitled to workmen’s compensation benefits. Stewart v. ATEC Associates, Inc., 652 So.2d 270 (Ala.Civ.App.1994).

Upon remand, the trial judge entered a judgment on December 12,1994, finding that Stewart’s injury and condition occurred as a result of and during the course of his employment with ATEC, and that as a proximate result of that injury and condition, Stewart is totally and permanently disabled.

ATEC appeals raising the following issue: whether the trial court erred in concluding that Stewart proved medical causation for his leukemia. Although ATEC contends that legal causation was not established, they admit that medical causation is the principal issue involved in this case.

In Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala.1991), our supreme court set out the standard for appellate review of factual determinations in a workmen’s compensation case:

“Initially, the reviewing court will look to see if there is any legal evidence to support the trial court’s findings. If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court’s judgment.”

575 So.2d at 93. The second prong of this standard was further explained in Ex parte Veazey, 637 So.2d 1348 (Ala.1993):

[1298]*1298“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” •

637 So.2d at 1349.

It is the well-established precedent of our supreme court that “if the job caused the injury then the injury was an ‘accident’ within the intent of the [Workmen’s Compensation] Act.” Ex parte Harris, 590 So.2d 285, 286 (Ala.1991). In Ex parte Valdez, 636 So.2d 401 (Ala.1994), our supreme court clarified the standard for proving occupational causation in cases involving cancer:

“Recovery in this ease is dependent upon the [claimant’s] proof that the totality of [his] work environment ... contributed to cause his cancer..:.
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“A hazard can be a contributing cause if it is one of multiple factors acting in concert to bring about the occupational disease .... ‘It is not necessary that the employment conditions be the sole cause, or dominant cause, so long as they are a contributing cause.’ ”

636 So.2d at 404-05 (quoting Arthur Larson, The Law of Workmen’s Compensation § 41.64(c) (1991)) (emphasis in original).

Our supreme court has recognized the authority of the trial court in determining medical causation to do so “on a case-by-case basis,” “drawing] any reasonable inference from the evidence, including conclusions of medical facts that are not within the peculiar knowledge of medical experts.” Ex parte Price, 555 So.2d 1060, 1062 (Ala.1989). Conflict in the evidence as to medical causation is an issue of fact to be resolved by the trial court, not by the appellate courts. See Ex parte Valdez, supra.

In this case, the trial court’s order states in pertinent part:

“The Plaintiff Brian Ray Stewart is 26 years of age, having been born on March 4, 1968. He was employed by the defendant ATEC Associates, Inc., from May of 1990 until July 5, 1991 earning an average weekly wage of $6.25 per hour as an environmental technician. During the course of his employment he was exposed and did come into direct contact with a certain hazardous chemical, specifically benzene, both in the form of vapors and direct skin exposure from petroleum contaminated soil. This exposure caused him to contract leukemia. According to the evidence, Mr. Stewart’s exposure to benzene was substantial. According to the trial testimony, Mr. Stewart ‘sniffed’ 829 petroleum samples, ... and spent 554 total hours exposed to petroleum products. He spent 92.5 hours excavating underground storage tanks, 1.75 hours on boring samples, 4.25 hours inspecting and moving tanks, 151.25 hours taking soil samples, 185 hours taking water samples, 40.75 hours remediating soil, 85 hours pumping pits from which underground storage tanks had been removed, 40.25 hours above ground near such pits, and 23.25 hours in these pits....
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“Regarding the causation issue, this Court specifically accepts the testimony of environmental engineer Carey Paul Busbin and Dr. Elaine Panitz, a specialist in occupational and environmental medicine, as being credible and logical. This Court observed their testimony and demeanor in open court and carefully considered their qualifications, education, and experience before permitting them to offer their expert opinions. Each of them supported their testimony by reference to authoritative and trustworthy treatises and texts in their respective fields.”

Dr. Panitz, a physician specializing in occupational and environmental medicine, is board certified by the American Board of Internal Medicine and the American Board of Preventive Medicine in Occupational Disease. After interviewing and examining Stewart, and reviewing all of Stewart’s medical records, Dr. Panitz testified that Stewart’s exposure to benzene “was more than adequate to cause his leukemia.” She also testified that she could not find any other explanation for Stewart’s development of leukemia. In Dr. Panitz’s expert opinion, Stewart’s “leukemia/lymphoma was caused by his exposure to benzene in petroleum hydrocar[1299]

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Bluebook (online)
674 So. 2d 1296, 1995 Ala. Civ. App. LEXIS 283, 1995 WL 302397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atec-associates-inc-v-stewart-alacivapp-1995.