Clark v. American & Efird Mills

346 S.E.2d 155, 82 N.C. App. 192, 1986 N.C. App. LEXIS 2450
CourtCourt of Appeals of North Carolina
DecidedAugust 5, 1986
DocketNo. 8610IC22
StatusPublished
Cited by2 cases

This text of 346 S.E.2d 155 (Clark v. American & Efird Mills) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. American & Efird Mills, 346 S.E.2d 155, 82 N.C. App. 192, 1986 N.C. App. LEXIS 2450 (N.C. Ct. App. 1986).

Opinion

JOHNSON, Judge.

Plaintiff Ethel K. Clark worked for employer defendant American & Efird Mills for thirty-three (33) years, from 1943 until 1976. It is the only employment she has ever had. The facts pertinent to this appeal are contained in the following summary of the Commission’s factual findings to which no exceptions have been taken: Plaintiff Mrs. Clark was born 26 February 1914 and has an eighth grade education. Plaintiff worked for defendant employer from 1943 until 26 February 1976. Throughout her employment she worked in the winding room where cotton was processed, “generating visible dust in the work environment throughout her work career.” From 1943 until 1969 plaintiff had no respiratory illnesses requiring medical attention. In late 1968 or early 1969 plaintiff developed a cough and/or smothering in her chest which led her to consult Dr. Thomas Kelly on 7 January 1969. Dr. Kelly diagnosed Mrs. Clark as having pneumonia. He treated her for the next six months, initially for pneumonitis with a bad cough. After the pneumonitis cleared, plaintiffs cough continued. Thereafter, plaintiff developed a cold on top of the residual cough which [194]*194required hospitalization in June of 1969. “Dr. Kelly’s observation of plaintiffs cough from January to June of 1969 . . . was that it was one of the worst coughs he had ever seen.” Plaintiff did not work from January through June, 1969. During that time “plaintiffs pulmonary problems increased” to the point that she suffered “a significant and continuous chronic bronchitis during this period.” Plaintiff continued to cough after returning to work, sometimes requiring her to leave her job for a short period, occasionally causing her to gag and become nauseated. Nonetheless, plaintiff continued in the same position until 1976 with no substantial absences. “Since the development of plaintiffs problems in 1969, the exposure to dust and lint in any place makes her cough.” Since 1969 “continuing to the present, the primary feature of plaintiffs lung disease has been a persistent, productive cough.”

The findings do not show, although there is evidence to show, that plaintiff has never smoked tobacco products. Plaintiff excepted to the following findings and conclusions of law:

8. After returning to work plaintiffs symptoms remained the same all the way from 1969, when her bronchitis began, through the end of her employment.
9. Beginning in 1969, when she was out for about six months, continuing through the time that she retired and continuing from that time through the time of her hearing in this case, plaintiffs symptoms have been mostly the same. Some days they are worse than others but overall the symptoms have remained constant.
10. Plaintiff worked until February 26, 1976. On that date she became 62 years of age and eligible for Social Security. It was for this reason she retired.
14. Plaintiff suffers from chronic bronchitis. This disease manifests itself as a cough with sputum production for at least 90 days out of the year for two successive years or more. Chronic bronchitis can develop from cotton dust exposure, or as a result of serious respiratory illness, pneumonia, or from a variety of factors, and many times the cause of the disease is unknown and cannot be explained.
[195]*19515. Plaintiffs chronic bronchitis was caused by the serious respiratory illness and pneumonia that she had in 1969. This is a common occurrence in many individuals. Pneumonia generally is the result of infection. It is not the result of exposure to dust in the cotton textile environment. Plaintiffs chronic bronchitis was not caused, did not have its origin in, and was not contributed to by the textile mill environment. It developed while plaintiff was out of work in early 1969. Once plaintiffs chronic bronchitis developed, exposure to dust in the mill environment increased plaintiffs symptoms. This mill environment, however, did not aggravate or accelerate the development of the bronchitis. Increased cough caused increasing discomfort, but, in plaintiffs case, did not make her basic disease any worse. Once the bronchitis developed while plaintiff was out of work in 1969, her condition remained the same to the time of the hearing.
16. . . . She has no permanent respiratory impairment. . . . On the basis of examinations by Dr. Kelling and Dr. Harris, plaintiff has no restrictions on activity, other than to avoid airway irritants of any type.
17. Plaintiffs employment did not significantly contribute to the development of her respiratory problems and she has sustained no disease which is characteristic of or peculiar to her occupation.
* * *

The above findings of fact engender the following

Conclusions of Law
1. The etiology of plaintiffs chronic bronchitis was the pneumonia and respiratory illness she suffered in 1969. The work she was doing in the cotton textile industry was not a significant causal factor in the development of her chronic bronchitis.
2. Subsequent to the development of chronic bronchitis, plaintiff suffered increased symptoms on exposure to dust of any type. These symptoms were transit [sic], much like the symptoms a person with asthma would have on exposure to ragweed. Those symptoms did not produce any additional [196]*196permanent respiratory impairment and such symptoms were not a significant contributing factor to the development of her chronic bronchitis.
2. [sic] Plaintiffs present lung disease was not due, either wholly or in part, to causes and conditions characteristic of and peculiar to the cotton textile environment. Plaintiff does not have an occupational disease. Her respiratory condition was not significantly contributed to in its development (either causally or by aggravation) by exposure to cotton dust in the mill environment.

In plaintiffs first Assignment of Error plaintiff contends there is no competent evidence to support those of the Commission’s findings and conclusions stating plaintiffs pulmonary disorder was not significantly caused or aggravated by her exposure to cotton dust in her work place.

We have thoroughly reviewed the record in the case before us. There is substantial evidence in favor of compensation for this woman who worked the majority of her adult life, thirty-three years, for only defendant employer, in a work place she described as so full of cotton dust that “it was just like it was a snowing in there all the time.” Nonetheless, we are compelled to affirm the order of the Full Commission denying compensation.

The Industrial Commission is the fact finding body and it is a well settled rule that the findings of fact made by the Commission are conclusive on appeal, if supported by competent evidence. Hansel v. Sherman Textiles, 304 N.C. 44, 49, 283 S.E. 2d 101, 104 (1981); Inscoe v. DeRose Industries, Inc., 292 N.C. 210, 215, 232 S.E. 2d 449, 452 (1977); Vause v. Vause Farm Equipment Co., 233 N.C. 88, 93, 63 S.E. 2d 173, 177 (1951). “It is not the role of the Court of Appeals or of [the Supreme Court] to substitute its judgment for that of the finder of fact.” Hansel, supra, at 50, 283 S.E. 2d at 105.

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Bluebook (online)
346 S.E.2d 155, 82 N.C. App. 192, 1986 N.C. App. LEXIS 2450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-american-efird-mills-ncctapp-1986.