Georgia-Pacific Plywood Co. v. Department of Labor & Industries

290 P.2d 718, 47 Wash. 2d 893, 1955 Wash. LEXIS 427
CourtWashington Supreme Court
DecidedNovember 25, 1955
DocketNo. 33228
StatusPublished
Cited by2 cases

This text of 290 P.2d 718 (Georgia-Pacific Plywood Co. v. Department of Labor & Industries) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia-Pacific Plywood Co. v. Department of Labor & Industries, 290 P.2d 718, 47 Wash. 2d 893, 1955 Wash. LEXIS 427 (Wash. 1955).

Opinions

Hill, J.

This is, by the workman’s choice, an aggravation case, in consequence of which he has assumed what seems a totally unnecessary, difficult, and perhaps impossible burden of proof.

The workman filed a claim August 14, 1947, for the occupational disease of dermatitis due.to exposure to glue, and fixed the date of August 4, 1947, as the date the disease first bothered him. He was employed at that time by the Washington Veneer Corporation (which has since been merged with the Georgia-Pacific Plywood Company, respondent here) as a sheet turner, which brought him into close proximity to and in occasional contact with the glue used as a binder in making plywood.

His claim was allowed by the department of labor and industries, and he received treatment and compensation for [894]*894time loss. He was off work from August 8, 1947, until November 6, 1947, and when he returned to work he was, at his doctor’s suggestion, given outside employment, which terminated March 27, 1948. Eleven days later, April- 8, 1948, he was employed by the St. Paul and Tacoma Lumber Company at his former occupation of sheet turner and, as the trial court found, performed “substantially the same kind of work with the same kind of materials as was involved in his former employment ... as a sheet turner.”

The department did not close the claim until January 6, 1950. (This is a stipulated date; the actual closing date was June 6, 1950, as clearly appears from the copy of the closing order, which is made a part of the record.) The order stated that:

“ . . . this claim has remained open for action as indicated and the record shows that treatment is no longer necessary and there is no permanent partial disability.”

The workman had an attack of exfoliative dermatitis in April, 1951. He had at that time worked for the St. Paul and Tacoma Lumber Company for three years.

An application by the workman to reopen the claim on the ground of aggravation, apparently dated October 4, 1951, was received by the department on October 7, 1951. The department denied the application by order dated November 13,1951, but later reconsidered. Claimant was examined by a commission of three doctors in December, 1951, and was hospitalized at the expense of the medical aid fund from December, 1951, to June, 1952. The supervisor of industrial insurance issued an order July 14, 1952, reopening the claim effective October 4, 1951. Washington Veneer appealed to the board of industrial insurance appeals from that order because “the claimant’s condition now and as of October 4th, 1951, is not related to his alleged injury of August 4th, 1947, but due to other causes.” (The “alleged injury” is the occupational disease which began bothering the workman on that date.)

[895]*895The medical evidence before the board suggests three possible causes of the workman’s condition at the time he asked for a reopening of his claim on the basis of aggravation: (1) penicillin sensitivity, (2) contact with plywood glue, and (3) psoriasis.

Dr. T. R. Ingham testified that he believed that the workman’s dermatitis in October, 1951, was not caused by glue poisoning but was the result of a penicillin sensitivity which he traced back to 1946 and 1947. The history, as he gave it, was that the workman had had a hernia condition which had been accepted by the department of labor and industries as an industrial injury in a claim against a former employer, the Sam B. Smith Company. In 1947, while the workman was employed by Washington Veneer, Dr. Ingham, under authorization by the department, repaired the hernia. During the post-operative period, exfoliative dermatitis developed, traceable directly to sensitivity to penicillin. Dr. Ingham conceded that the workman was not employable but emphasized that his condition was due not to glue poisoning but to a penicillin sensitivity that dated back to the treatment following the hernia repair.

Dr. C. V. Quevli, who had the workman under his care in a hospital from December, 1951, to June, 1952, was very definitely of the opinion that the workman had an exfoliative dermatitis due to plywood glue. If we correctly interpret Dr.. Quevli’s testimony, it was his belief that the workman had an allergy to plywood glue and that his condition at the time he was under Dr. Quevli’s care was due to his contact with such glue.

Dr. S. E. Light examined the workman September 24, 1947, and again June 30, 1953. His diagnosis was psoriasis (which concededly the workman had and which had no industrial causation). Dr. Light gave reasons why he did not believe the workman’s condition was due to either penicillin sensitivity or glue poisoning. Neither Dr. Ingham nor Dr. Quevli attached any importance to the existence of the psoriasis.

The board sustained the order of the supervisor reopening the claim, and Washington Veneer appealed to the superior [896]*896court. The superior court found that the workman was suffering from a penicillin sensitivity or exfoliative dermatitis, but that he had failed to prove that the condition for which he was seeking the benefits of the workmen’s compensation act “resulted from or was an aggravation of the workman’s condition prior to August 4, 1947.” The workman appeals to this court, and the department assumes the role of disinterested spectator.

A very narrow issue is actually presented on this appeal, ie., Did the workman prove an aggravation of the dermatitis for which his claim was closed January 6,1950, between the terminal dates of the aggravation period? However, before we come to a consideration of that issue, we think attention should be directed to the matter of primary consideration, which has become obscured through the procedural handling of this matter, ie., the right of the workman to treatment and time-loss payments for the condition which is conceded to have existed in October, 1951, and thereafter.

It was never intended that, when a workman’s right to the benefits of the workmen’s compensation act on one basis or another is clear, he should have to make a binding election between the possible causes of his condition. If the workman had exfoliative dermatitis when he filed his application to reopen the former claim because, of aggravation in October, 1951, it would seem that, whether his condition was an aggravation of the dermatitis originally contracted by contact with glue in 1947 while he was employed by Washington Veneer, or was the result of his contact with glue while employed by the St. Paul and Tacoma Lumber Company was (a) a very difficult if not impossible matter to determine and, (b) in the final analysis, a matter of no concern to the workman, but (c) a matter for the employers concerned and the department of labor and industries to determine or, if need be, to litigate. The workman could have avoided this burden by filing a claim for occupational disease based upon his employment with the St. Paul and Tacoma Lumber Company and, in the alternative, for the [897]*897reopening of his former claim because of aggravation. He would be entitled to the same benefits in either event.

. In Kralevich v. Department of Labor & Industries (1945), 23 Wn. (2d) 640, 642, 161 P. (2d) 661, we held that a claimant was not limited to a claim of aggravation made inadvertently when the department

“. . . was nowise misled, nor did it suffer damage because of the matters referred to. . . . Hearings before the department are not controlled by technical rules.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rushing v. ALCOA, INC.
105 P.3d 996 (Court of Appeals of Washington, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
290 P.2d 718, 47 Wash. 2d 893, 1955 Wash. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-pacific-plywood-co-v-department-of-labor-industries-wash-1955.