Haddock v. Hopkinsville Coating Corp.

62 S.W.3d 387, 2001 Ky. LEXIS 215, 2001 WL 1636823
CourtKentucky Supreme Court
DecidedDecember 20, 2001
DocketNo. 2001-SC-0367-WC
StatusPublished
Cited by3 cases

This text of 62 S.W.3d 387 (Haddock v. Hopkinsville Coating Corp.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haddock v. Hopkinsville Coating Corp., 62 S.W.3d 387, 2001 Ky. LEXIS 215, 2001 WL 1636823 (Ky. 2001).

Opinion

OPINION OF THE COURT

The claimant periodically developed sores and blisters on his hands and, for a while, developed a rash over much of his body. Medical evidence established that he suffered from contact dermatitis from exposure to various chemicals in the workplace but that the condition warranted an AMA impairment only at times when it was symptomatic. An Administrative Law Judge (ALJ) determined that the claimant suffered from an occupational disease and was entitled to medical benefits but concluded, nonetheless, that he was not entitled to income benefits because he had missed no work due to his condition and had neither a permanent impairment nor disability. Noting that the claimant retained the ability to perform all of his past work activities so long as he avoided contact with offending chemicals, the ALJ also denied his request for rehabilitation benefits.

Except for remanding the claim to the ALJ to reconsider the claimant’s request for rehabilitation benefits under the decision in Wilson v. SKW Alloys, Inc., Ky. App., 893 S.W.2d 800 (1995), the Board affirmed. The Court of Appeals reversed to that extent, relying upon REO Mechanical v. Barnes, Ky.App., 691 S.W.2d 224 (1985), for the principle that a finding of permanent disability is prerequisite to an award of rehabilitation benefits. This effectively reinstated the ALJ’s decision. Although we have determined that a finding of permanent partial or permanent total disability is not prerequisite to an award of rehabilitation benefits in a post-December 12, 1996, claim, we have also concluded that none of the disputed findings of fact or conclusions of law was erroneous as a matter of law and, therefore, we affirm.

The claimant was born in 1956 and gave a work history that included work as a truck driver while in the military and work as a maintenance man, a general laborer, and a welder before becoming employed by the defendant-employer in 1995. The company paints automobile parts, and the claimant worked on the production line and in maintenance. In July or August of 1995, he first developed blisters and sores on his hands after working for several hours with chemicals while cleaning paint from machinery. Dr. Spencer diagnosed a contact dermatitis which he treated with various steroid medications. After subsequent bouts of such symptoms and additional steroid therapy, he referred the claimant to Dr. Kurita, a dermatologist.

In August, 1996, the claimant complained to Dr. Kurita of a rash over his entire body that had waxed and waned for approximately six months, and he gave a history of sensitivity to isocyanate products while working for a previous employer. Patch testing was performed by Dr. Zanolli, revealing an allergic reaction to thimerosol (merthiolate) and to epoxy res[390]*390ins, chemicals that are commonly found in glue, plastic, and paint. He reported that epoxy resins are present in numerous industrial environments and that even a slight exposure is sufficient to cause an allergic reaction in a sensitive individual. Both Drs. Zanolli and Kurita recommended that the claimant avoid exposure to the offending chemicals. The claimant testified, however, the substances were present in vapor form and were unavoidable; therefore, because he continued to work, he continued to experience periodic flare-ups of symptoms until he was terminated by the employer in October, 1998.

In a report dated December 31, 1998, Dr. Kurita noted that he had reviewed the claimant’s medical record and also noted that in November, 1998, the claimant stated that his condition had reoccurred while he was off work but exposed to gasoline and petroleum products while working on motor vehicles. Dr. Kurita assigned a 15% AMA impairment. When deposed, he explained that once an individual is allergic to a substance, the sensitivity is permanent, and he will experience symptoms whenever he is exposed to the substance. The symptoms will subside when the exposure ceases and will flare up again upon re-exposure. He testified that epoxy resins were present in the claimant’s workplace but were also present in the everyday environment. When questioned about the manner in which he had assigned an AMA impairment and confronted with an example from the AMA’s Guidelines, he testified that the skin condition was rated when it was in its symptomatic state and conceded that no impairment rating was warranted when it was asymptomatic. When he last saw the claimant in January, 1999, the condition was not active.

At the July, 1999, hearing, the claimant testified that his attempts to find other employment had been unsuccessful and that he was presently enrolled in a vocational program, taking courses in electricity. He testified that he tried to avoid any exposure to epoxy resins and that it was difficult to use his hands due to the swelling, pain, itching, and open sores that such exposure produced. He indicated that the blisters that were presently on his hands were worse than they had been a month earlier but that his hands were much better than they had been while he was working.

After reviewing the lay and medical evidence, the ALJ determined that the claimant had sustained a contact dermatitis and that the condition was at least partially related to his exposure to chemicals at work. Rejecting the employer’s argument that the claimant’s problems were entirely due to an incident in which he was exposed to chemicals while cleaning paint from some machinery, the ALJ determined that the dermatitis was an occupational disease that resulted from his exposure over time and that the claim was timely filed. Nonetheless, relying upon Dr. Kurita’s deposition testimony and the example from the AMA Guidelines, the ALJ determined that the condition caused no AMA impairment and, therefore, that the claimant was not entitled to income benefits for permanent disability. Likewise, noting that the condition had never prevented the claimant from working, the ALJ determined that benefits for temporary total disability were inappropriate. Noting that the claimant retained the physical capacity to perform all of his past work if he were not exposed to the offending chemicals, the ALJ also determined that he was not entitled to rehabilitation benefits.

Appealing the Court of Appeals’ reinstatement of the decision, the claimant asserts that he is permanently sensitized to epoxy resin, that he continues to suffer from chronic dermatitis, that he has a 15% [391]*391impairment, and that he is entitled to both rehabilitation and temporary and permanent income benefits. In contrast, the employer maintains that the evidence of permanent impairment and of temporary total or permanent partial disability was not so overwhelming as to compel a finding in the claimant’s favor. It also maintains that because the claimant did not sustain a permanent impairment, the ALJ and the Court of Appeals correctly determined that he is not entitled to an award of rehabilitation benefits.

Since December 12, 1996, KRS 342.0011(11) has required evidence of an AMA impairment to support a finding of permanent, partial disability. Refusing to accept the finding that he has no AMA impairment, the claimant continues to assert that his impairment is 15% and that he is entitled to income benefits for partial disability. The fact remains, however, that although Dr.

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Bluebook (online)
62 S.W.3d 387, 2001 Ky. LEXIS 215, 2001 WL 1636823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haddock-v-hopkinsville-coating-corp-ky-2001.