Maryland Casualty Company v. Miller

358 S.W.2d 316, 210 Tenn. 301, 14 McCanless 301, 1962 Tenn. LEXIS 438
CourtTennessee Supreme Court
DecidedJune 5, 1962
StatusPublished
Cited by2 cases

This text of 358 S.W.2d 316 (Maryland Casualty Company v. Miller) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maryland Casualty Company v. Miller, 358 S.W.2d 316, 210 Tenn. 301, 14 McCanless 301, 1962 Tenn. LEXIS 438 (Tenn. 1962).

Opinion

*302 Mu. Justice Burnett

delivered the opinion of the Court.

This is a workmen’s compensation case in which the Chancellor found in favor of the employee and awarded total and permanent compensation. An appeal has been seasonably perfected, able arguments heard and briefs filed. After considering these briefs, the record, giving the matter considerable thought and some independent investigation, we are now in a position to decide the issues.

In essence there is really only one question presented, that is, whether or not there was material evidence upon which the Chancellor concluded that the total permanent disability of the petitioner, which was diagnosed as pan-niculitis and dermatomycositis, is so closely related to conceded compensable dermatitis as to make it com-pensable. The very able argument is made that, since causes of these diseases are unknown, the arriving at the conclusion that they were the result of dematitis is purely theory, speculation and conjecture.

The facts show that on June 2, 1958, Mrs. Miller, a woman sixty-three (63) years of age, while at work on the premises of her employer in helping another employee install an acoustical tile on the ceiling of the premises, certain quantities of dust and other substance or material *303 from this tile fell on her head, face, shoulders, arms and other exposed portions of her body, cansing these portions of her body to become irritated and swollen resulting in contact dermatitis. It is conceded that Mrs. Miller is now totally and permanently disabled by conditions known as panniculitis and dermatomycositis.

Panniculitis is a condition which involves the breaking out of the fatty tissues of the body, and possibly also the nerve tissues. Dermatomycositis involves inflammation and destruction of the muscle tissues of the body. Both are rare conditions, for which no cure is known.

The compensation carrier voluntarily paid Mrs. Miller temporary total disability for a period of sixty-two (62) weeks, until October 4,1959, when payments of such benefit were terminated. Thus after the termination of these benefits this suit was instituted.

It was the claim of Mrs. Miller that the original contact dermatitis, about which there is no question, progressed into the present disabling condition, and that these conditions are so closely related to the original contact dermatitis as to be compensable. The insurance carrier takes the position that there is insufficient proof to relate the present disabled condition with the initial contact dermatitis, and that the simultaneous development and existence of these conditions were purely coincidental.

The trial court found that her present condition was traceable to and very closely related to her admittedly compensable contact dermatitis. The record supports such a finding. At the time this dust first fell upon Mrs. Miller, and up until that time, her health had been excellent and she was a normal person. After this dust had fallen on her the exposed portions of her body, which *304 were touched by this dust, immediately commenced itching and burning and soon became red. From the very beginning this condition was limited to the exposed portion of her body and very closely followed the pattern of the dress which the woman was wearing at the time the dust fell upon her.

This original condition of itching, etc., soon progressed to open weeping lesions, still confined to the portions of her body exposed to the dust, and shortly after it broke out this was diagnosed as contact dermatitis resulting from the falling of this dust upon Mrs. Miller. Dermatitis is a compensable occupational disease, sec. 50-1101, T.C.A.

Some weeks after this dermatitis had been going on Mrs. Miller commenced to have weakness of her arms, in addition to the continued manifestations of dermatitis and about a month after this dust had fallen upon her she was taken to a hospital for examination and treatment. Her local doctor apparently was unable to devise effective means of treating this dermatitis or to make a diagnosis which would account for the weakness of her arms. As a result of this she was sent to the University of Virginia Hospital where she was treated and hospitalized.

All the time this was going on this woman continued to remain about the same with a lot of eruptions in the area affected by the dermatitis, and the muscular weakness of her arms increased. She developed tender nodules or lumps under the skin of the exposed portions of her body. After she was released from the University of Virginia Hospital she continued to have the same dermatitis and progressive weakness of the muscles of her arms. She was again taken back to the University Hospital for fur- *305 tlaer tests and examinations, at which, time it was concluded that she was suffering from panniculitis and possibly also from dermatomycositis.

The record shows without dispute that this woman had none of these symptoms or trouble prior to this. She had never had lumps under her skin, or muscle weakness, in any area, and she doesn’t have any in any area now other than that which was on the exposed portions of her body that were affected by the original dust falling thereon.

Her local doctor, Dr. Bolling, became very much interested in this case and made quite an extensive study of it and followed her condition very closely, seeing her upwards of fifty times in the space of three months. He testified, and was of the very positive opinion, that this woman’s disabling condition resulted from the contact dermatitis, which she had received as the result of this dust falling on her.

Among other things he was asked the question whether or not this disabling condition was the result of the contact dermatitis, which was due to this dust falling on her, and he very positively said that he was of this opinion. He said: “I think she had her dermatitis from this irritant of acoustic tile dust and instead of clearing up like ordinary contact dermatitis will do, she didn’t respond to any treatment. I think this continued on into this panniculitis disease syndrome.” He says further that due to his observation, “That is the cause in this particular case. That is the only case I’ve ever seen. I’ll put that in, too.”

This same Dr. Bolling, of course, testified that what he was testifying was of his own knowledge and what he thought from his study of it, but it was bound to be theoretical, but that it was his theory and his unquestioned *306 opinion. The very eminent specialist from the University of Virginia was not so certain; he didn’t know anything about it and was more or less inclined to be of the opinion that the contact dermatitis didn’t canse her present condition, but he did not deny that there was respectable medical authority that her present condition might have been caused from this foreign substance, and might have contributed to her disabling condition.

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Related

New Jersey Zinc Co. v. Cole
532 S.W.2d 246 (Tennessee Supreme Court, 1975)

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Bluebook (online)
358 S.W.2d 316, 210 Tenn. 301, 14 McCanless 301, 1962 Tenn. LEXIS 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-casualty-company-v-miller-tenn-1962.