Landis v. Workmen's Compensation Appeal Board

496 A.2d 1324, 91 Pa. Commw. 238, 1985 Pa. Commw. LEXIS 1284
CourtCommonwealth Court of Pennsylvania
DecidedAugust 20, 1985
DocketAppeal, No. 2034 C.D. 1984
StatusPublished
Cited by2 cases

This text of 496 A.2d 1324 (Landis v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landis v. Workmen's Compensation Appeal Board, 496 A.2d 1324, 91 Pa. Commw. 238, 1985 Pa. Commw. LEXIS 1284 (Pa. Ct. App. 1985).

Opinion

Opinion by

Judge Rogers,

Dennis Landis has appealed from an order of the Workmen’s Compensation Appeal Board (board) which affirmed a referee’s dismissal of his claim petition in which he had alleged disability by reason of a disease resulting from his employment.

Prom 1972 through 1975, the claimant serviced and installed poultry equipment in chicken houses for the Hershey Equipment Corporation. In November, 1975, he experienced distorted vision in his. right eye. He has by his physician’s description a small blind spot in the central portion of the visual field in the right eye. He retains peripheral vision in his right eye. His condition was diagnosed as presumed ocular histoplasmosis, an allergic reaction to the presence in .the blood stream of histoplasmosis organisms. The or[240]*240ganisms just mentioned are in fungus which grows in ■some soils which it is believed are fertilized by fowl droppings. The claimant quit his employment with Hefshey Equipment upon learning these facts from his treating ophthalmologist.

Because presumed ocular histoplasmosis is not a disease specifically named as compensable in Section 108 of The Pennsylvania Workmen’s Compensation Act (Act),1 the claimant had the burden under Section 108 (n) of proving .that he suffered from a disease:

(1) to which the claimant . . . [was] exposed by reason of his employment, and (2) which . . . [was] causally related to the industry or occupation [in which he worked], and (3) the incidence of which is substantially greater in that industry or occupation than in the general population.

The referee found that the claimant failed to prove any of these requirements. The board affirmed the referee’s order on the ground .that the medical testimony adduced by the claimant was equivocal on the point of whether the incidence of presumed ocular histoplasmosis is substantially greater in the poultry equipment industry or occupation than it is in the general population.

The claimant contends that the totality of the testimony of his medical expert was not equivocal and satisfied all of the three tests of Section 108(n). The claimant’s expert, Dr. Paul Nase, an ophthamologist, was a well-qualified, careful and articulate witness. It is necessary to reproduce almost the whole of his testimony:

A. The presumptive diagnosis [of the claimant] was that [he] had presumed ocular [241]*241histoplasmosis with macular inflammation from his ocular histoplasmosis.
A. Presumed ocular histoplasmosis is caused by a fungus that is probably transmitted by inhalation from contaminated soil. It gets into the lungs and subsequently into the bloodstream.
A. [The claimant] had all of the findings of presumed ocular histoplasmosis.
A. The ocular involvement with relationship to the fungus, since the fungus has never been isolated from patients who have the presumed ocular histoplasmosis syndrome, it is presumed that this is a type of sensitization and subsequent allergic reaction in the ocular tissue, from histoplasmosis organisms which are elsewhere in the body.
A. It is felt that this is present in endemic areas, which include the major river valleys in this hemisphere and include the northern part of this country; that the fungus is present in the soil and probably fertilized by fowl which would include chickens, pigeons, starlings, bats, and other fowl.
A. [The claimant’s] occupation presents him with the potential exposure to the histoplasmosis organism.
Q. Doctor, to the best of your knowledge, is this histoplasmosis condition characterized— [242]*242how would you characterize the rate of occurrence of this disease?
A. I have no idea in this area.
Q. In your opinion, Doctor, would an individual in an occupational capacity such as [the claimant] have a greater risk of exposure than say you or I?
A. Yes.
Q. Is there any information or knowledge as to how much a greater risk is available to him at the present time.
A. Not to my knowledge.
Q. Doctor, you had previously referred to the percentage loss in the right eye, the macular area, when we were talking about the vision. Is it your opinion that this came about as a result of a presumed ocular histoplasmotic condition?
A. [The claimant] has had a permanent loss of macular function in his right eye ás a result of presumed ocular histoplasmosis.
A. The term presumed ocular histoplasmosis is utilized because the organism has never been found in the ocular tissue in patients that have had all the clinical findings of the syndrome.
It is the working hypothesis that this is a type of allergic reaction in the eye to the presence of the organism elsewhere in the body.
Q. It is just like anyone else having an allergy . . . some people are affected by the presence of certain allergens and others are not.
[243]*243A. That is correct. In population studies in endemic areas, the incidence of positive ocular findings may be only two percent in people that have positive skin tests to histoplasmosis indicating the presence of the organism somewhere else in the body.
A. The studies that have been done of the rate of exposure, seems to be highest in people who have occupations related to exposure to . . . fowl.
Q. Is it just being around an area where pigeons may be populated that one could pick up the disease?
A. I don’t know the answer to that question. The present feeling is that the fungus organism is present in the soil in these endemic areas and seemingly with a higher concentration of the organism in places where there are this type of fowl.
Q. Am I correct that the handling of the excrement by itself does not set off the disease process you have described going into the lungs and into the bloodstream?
A. I don’t know the answer to that question.
Q. All you know is that it is in the soil?
A. That is correct.
Q. And somehow it gets from the soil into the air, into .the lungs, into the bloodstream, and to the ocular nerve?
A. That is the mechanism as we know it today.
Q. Are there any other known causes of presumed ocular histoplasmosis?
A. No.

[244]*244The employer adduced no medical evidence.

We respectfully disagree with the referee and the board that Dr.

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Related

Landis v. Workmen's Compensation Appeal Board
526 A.2d 778 (Supreme Court of Pennsylvania, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
496 A.2d 1324, 91 Pa. Commw. 238, 1985 Pa. Commw. LEXIS 1284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landis-v-workmens-compensation-appeal-board-pacommwct-1985.